Is insurance responsible after a car accident? 23 Answers as of November 04, 2011

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
The Margolis Firm
The Margolis Firm | Charles J. Candiano
1. A police report is no less useful or necessary when the accident occurs on private property. 2. Assuming that your girlfriend admitted liability, it really doesn't matter. 3. In this situation, either insurance would take care of the damage to both vehicles. Given that your girlfriend admitted fault, if your insurance pays your insurance will look to be reimbursed by your girlfriend or her insurance.
Answer Applies to: Illinois
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
    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
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