If my wife was hit by a drunk driver while she was driving my car and I have full coverage but she wasn’t on my policy, is there any way my insurer will fix my car?

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If my wife was hit by a drunk driver while she was driving my car and I have full coverage but she wasn’t on my policy, is there any way my insurer will fix my car?

Asked on September 20, 2019 under Accident Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your insurance company will deny your claim for repairing your car because the insurance company will deem your wife to be an unauthorized driver since she was not on your auto insurance.
Your recourse is to sue the drunk driver for negligence. Your damages (monetary compensation you are seeking in your lawsuit) would be the property damage (cost of repairs to your car). 
I assume that your wife was not injured in the accident.
 


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