If my friend asked me to drive her to work in her car and while backing up I hit my own car, how and which insurance will have to respond? Will insurance respond for both cars?
Well, that?s a pickle! This is how it works when it comes to claims for damage to cars when driving someone else?s car:
The Role of Your Car Insurance
- Damage to Your Car: As the owner of the car that was damaged, you can?t make a property damage claim against her car insurance for the damage to your car. That?s only because you?d be making a claim against yourself (the covered driver of your friend?s car). For this reason, you can?t go after her policy for the damage to your car. You would have to go after the damage under your own policy, as a collision claim, with the applicable deductible applied. Your insurance policy would NOT surcharge you because it would code the incident as a ?not at fault? accident.
- Damage to Her Car: Because your car was hit while parked, your car insurance will not pay a property damage claim on the car that caused the accident (her car). The damage to your friend?s car would have to go through her insurance, assuming she has collision.
However, if she had no collision coverage of her own and you had collision coverage, you could make a collision claim on her behalf under your own policy. When you have collision coverage, your policy covers you for collision in any car you drive that does not have its own collision policy. The insurance company will pay the claim, less the deductible, and put you down as the at-fault party.
The Role of Your Friend?s Insurance
- Damage to Your Car: As noted above, it?s possible that your friend?s car insurance might pay your car insurance company back if they try to recover the collision payment made under your policy for the damage to your car. Her company would surcharge you if that happened.
You cannot make a claim for your car?s damage through her policy on your own because you can go after yourself for the damage you caused. You can?t make a collision claim against for your damage on her policy because you were driving her car, not yours.
- Damage to Her Car: As a permitted user of the friend?s car, you are an occasional user, covered under her policy for collision and property damage, assuming she carries collision (all policies carry property damage coverage). The deductible will apply, since you are the at-fault driver. The surcharge would be based on the total paid for at-fault claims under the policy.
The Roles of Other Insurance Policies
- Damage to Your Car: If you don?t have collision, you would have to look to household family members who might have collision coverage to help you out.
- Damage to Her Car: If neither of you has collision, you would both (as driver and owner) then look to other policies from family members of each household that might be available to cover the damage. If more than one policy was available, those policies would share the cost.
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Although we do our best to offer you accurate and current auto insurance advice, we are not responsible for any negative consequences you may encounter after reading this advice. Insurance problems are often complex and can hinge on facts not provided in your submitted question. For this reason, you should not use this advice as a basis for any decision. We provide these answers for information purposes only, with the intention of steering you towards making your own conclusions about how to act or refrain from acting. Because we are not lawyers, no information on this site should be used as legal advice.
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