Expert: Bennie719 - 2/4/2008

Question
My current roommate borrowed my car and was involved in an accident which was caused by another motorist swerving into his lane. Though I had let the roommate borrow the car once before, I did not give him permission to drive it on this occasion and would not have done so, as he had been drinking. My car was the only one damaged, as he hit a tree when he swerved to avoid the other car (which then drove away). I found out after the accident that the roommate had just had his license suspended for failure to pay court fines. I have uninsured motorist coverage, but otherwise liability only. I have a feeling I am probably out of luck (other than recouping from my roommate), but my question is this: Can I file a claim and if I do, what is the likelihood that my car will be replaced?

Answer
Hi Melinda,
I'm sorry to hear of your problem.
Based on the fact that you had previously given your roommate permission to drive your car and he knew the location of the keys, he didn't need permission each time he used your car.  This is based on the 'assumed' or 'implied' consent doctoring.
Even if you had carried full coverage on your car, there is a strong possibility that your insurance company would have denied the claim because he was not a named driver on your policy.  All insurance companies require that residents of your household be named as drivers on your policy in order for coverage to apply.
Since you didn't carry full coverage, there is no one that you can file a claim against except your roommate.  He can either voluntary pay for the damages or you can file small claims court action against him.
I hope this has been of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie