Expert: Bennie719 - 1/4/2008

Question
My 18 year old daughter let her boyfriend drive her car and he ran a red light and was broadsided. We only had liability on her car because it was an older car. Our insurance covered her medical expense and the vehicle damage of the other car. Her car was totaled. We were told that in the state of Texas if someone is driving your vehicle and has a wreck that you can file a claim on their insurance to cover your vehicle. We contacted her boyfriends insurance and sent them a copy of the police report. Now when we call them to check on the status, they will not tell us anything. What can we do?

Answer
Hi Debbie,
In order to file a claim against the boyfriend's insurance, this must have been just an OCCASIONAL use of your daughters car and not a situation where he drives every time they are together, which could be considered regular use.
Also, he must have his own insurance with Collision Coverage, or be a NAMED driver on his parents policy with Collision coverage.
If he only carries liability, then there is no coverage under his policy to file against.
I hope this has been of help.
Sincerely,
Bennie