Expert: Bennie719 - 12/5/2008

Question
Thank you for providing your service.  My question:

I was in a auto accident some time ago where my car was stationary in a outdoor parking lot waiting for a space and another car speed quickly in reverse out of another parking space to the driver side left colliding directly with my car causing damage to my car and injuring myself and child.  This person was driving a loaner from their dealer.  Who's insurance would be at fault, both dealer insur. and owners or just owners?

Answer
Hi M,
If the dealer carries insurance on the loaner, then that would be the primary.

Many dealers don't carry insurance on their loaner cars, knowing that the policy of the borrower has a clause in his/her policy that covers them while driving a temporary substitute automobile.

You need to talk to both the dealer and the driver to learn which has an effective policy.

It will also be in your best interest to report this incident to your own insurance company.

I trust that you find this information helpful.

Your feedback by rating my answer will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area