A person not on my policy got into an auto accident in which the other party was at fault. Will the other insurance company cover my damages?

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A person not on my policy got into an auto accident in which the other party was at fault. Will the other insurance company cover my damages?

Asked on May 22, 2009 under Insurance Law, New York

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Before proceeding with a matter like this you need to review your policy. Many policies will cover drivers not specifically named on the policy. If your policy is one like this than you will have no issues because the matter will proceed as it would have if you were driving yourself

Now if you do not have that type of coverage you should contact your insurance company and ask to speak to a claims adjuster who can explain to you how this will be handled. If the other party was at fault and there is a police report substantiating this fact than the other parties insurance should still be responsible for the damage because the fault does not change. However certain policies have caveats that change the rules which is why you should begin this process by speaking to someone at your insurance company


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