Is insurance responsible after a car accident? 24 Answers as of July 08, 2013

My girlfriend had my truck. She hit another vehicle in the drive through. There was no police report was taken due to it being on private property. She gave them her insurance information. Is her insurance responsible or will her insurance refuse to pay and mine have to pick up the cost?

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Alfred Law Firm
Alfred Law Firm | Janice Alfred
Since the insurance follows the car and not the driver, your insurance will be the primary and hers will be the secondary.
Answer Applies to: Georgia
Replied: 11/4/2011
Joel H. Schwartz, P.C.
Joel H. Schwartz, P.C. | Steven A. Schwartz
Your insurance will be primary as long as she had permission to use your vehicle. The insurance follows the vehicle, regardless of who is driving.
Answer Applies to: Massachusetts
Replied: 10/21/2011
Anderson & Bliven P.C.
Anderson & Bliven P.C. | Scott Anderson
Montana Insurance Law is probably the most complicated in the Country. If you were injured it is important that you seek the assistance of an experienced Montana Attorney. Your facts indicate that this issue involved property damage. Either insurance company may take care of the damage. 1) The at fault company should provide you a rental car and have your car fixed. 2) If for some reason the at fault won't pay and you have comp and collision then you could pay your deductible and then get your deductible back from the at fault insurance company. In Montana if you are not at fault, any no fault claim cannot be used against you in any manner for cancellation or premium increase.
Answer Applies to: Montana
Replied: 10/21/2011
The Law Office of Stephen R. Chesley, LLC
The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
Your car insurance should be notified that an accident happened. The first line of insurance is the owner of the car's insurance. Secondly, if there were any injuries to any people in your car, your car insurance would pay for her medical bills. IF a lawsuit is brought, both the owner and driver will be included on the summons and complaint and your insurance will be responsible for defending both.
Answer Applies to: New York
Replied: 10/21/2011
Holzer Edwards
Holzer Edwards | Kurt Holzer
The issue is which is insurance is primary in a collision the drivers or the owners coverage. Under Idaho law (Idaho Code section 49-1212(11)) the drivers insurance is the primary carrier and should provide coverage for liability claims.
Answer Applies to: Idaho
Replied: 10/21/2011
    Law Offices of Bodey & Bodey, PLLC
    Law Offices of Bodey & Bodey, PLLC | Michael Bodey
    Insurance "usually" follows the vehicle. In order to ensure that this is the case, a review of your policy is required. Your girlfriend's insurance might be considered a secondary policy because of the collision. Again, check her policy. The advantage is that if your insurance policy is exhausted then possibly hers may pick up the remainder of damage.
    Answer Applies to: Washington
    Replied: 10/21/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    Your insurance is responsible because she was driving your truck. You can be sued because you own the truck and are therefore responsible for the negligence of any driver you allow to operate your truck.
    Answer Applies to: New York
    Replied: 10/21/2011
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    If you are talking about damage to the other vehicle and injury to its occupants if your girlfriend was at fault for the collision under Georgia law the liability insurance policy on your truck is primarily responsible and her policy is excess if your truck policy does not have enough coverage to cover all the damages.
    Answer Applies to: Georgia
    Replied: 10/21/2011
    Law Offices of Kenneth Wincorn P.C.
    Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
    This depends on the terms of the insurance policies. Read them to see and then consult with the insurance agents.
    Answer Applies to: Texas
    Replied: 10/21/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    I would think both are available for recovery. You are liable for letting her use your vehicle.
    Answer Applies to: California
    Replied: 10/21/2011
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Her liability insurance should pay for the damage to your truck and the other vehicle.
    Answer Applies to: Montana
    Replied: 10/21/2011
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    The car owners insurance has primary responsibility for an accident when the owner gives the driver permission to use the vehicle. The drivers policy will be secondary to pay what the owners policy does not cover.
    Answer Applies to: Connecticut
    Replied: 10/21/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    The liability for the accident depends on the coverage that your girlfriend and you carried at the time of the accident. Consult with an attorney to review the two insurance policies.
    Answer Applies to: Indiana
    Replied: 10/21/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    If you give permission to anyone to drive your vehicle your carrier covers it.
    Answer Applies to: North Carolina
    Replied: 10/21/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    Her insurance should cover this.
    Answer Applies to: California
    Replied: 7/8/2013
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    Insurance is a contract and coverage depends on the words of the insurance policy.
    Answer Applies to: Washington
    Replied: 10/21/2011
    Kenneth A. Parker, P.C.
    Kenneth A. Parker, P.C. | Ken Parker
    In GA, insurance usually follows the vehicle and not the person, so your vehicle insurance would normally pay.
    Answer Applies to: Georgia
    Replied: 10/20/2011
    Law Office of Russell D. Gray, PC
    Law Office of Russell D. Gray, PC | Russell D. Gray
    If it was your truck that was insured, and your truck that caused the accident, then your insurance on the truck will cover the accident.
    Answer Applies to: Utah
    Replied: 10/20/2011
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    Typically, insurance for property damage follows the vehicle. Your insurance would be primarily responsible.
    Answer Applies to: Nebraska
    Replied: 10/20/2011
    Magnuson Lowell P.S.
    Magnuson Lowell P.S. | Richard S. Lowell
    As long as she was driving your truck with your permission, your insurance will handle it.
    Answer Applies to: Washington
    Replied: 10/20/2011
    Shaw Law Firm
    Shaw Law Firm | Steven L. Shaw
    Your insurance covers your car and anyone that drives it with your permission. Your insurance is primary. If you had no insurance, her insurance would cover it. So yours goes first, hers goes second.
    Answer Applies to: Washington
    Replied: 10/20/2011
    Law Office of Dean B. Gordon
    Law Office of Dean B. Gordon | Dean B. Gordon
    The general rule, subject to some exceptions, is that the vehicle's insurance policy is primary to the driver's. Your insurance may pay it and seek reimbursement from hers.
    Answer Applies to: California
    Replied: 10/20/2011
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