Will I be able to file a claim with my insurer if someone who is not insured totaled my car?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Will I be able to file a claim with my insurer if someone who is not insured totaled my car?
A friend had access to my car but was not to drive it unless it was for picking me up. They
did not listen to me. They drove somewhere, got in a car accident at an intersection they
believed was a 4 way stop but wasn’t so they collided with oncoming car who didn’t have a
stop sign. The person driving my car got a DUI for marijuana and was arrested at the scene.
How do I go about filing this claim? I’m still paying off my car and have full coverage with
infinity insurance.
Asked on June 25, 2016 under Accident Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If you had full coverage--i.e. collission--you file the claim by simply contacting your insurer, explaining what happened, and filing out whatever paperwork they need. If you had the appropriate coverage, the insurer should pay.
However, if you don't have the relevant coverage or if there is some limitation or exception which results in your claim being denied, your only recourse will be to sue your friend, who was at fault in taking your car without permission and mistaking the signs at an intersection, and the other driver, who was at fault for being DUI.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.