Expert: Bennie719 - 5/13/2008

Question
Hi Bennie,

A few months ago when I was driving to work on a busy, bumper-to-bumper highway, I accidentally rear-ended the woman in front of me. I was going about 5 mph so it was literally a TAP. We pulled off the highway to check the damage and confirmed that no damage had been done. Just to be courteous, I gave the driver my phone number in case anything showed up. A month later I received a voicemail from the her insurance company stating I was at fault for an accident on the highway. I called back and left a message and never heard back. Now, 4 months later, I just received another phone call from the insurance company stating there is a claim against me and they want my insurance info...

a. I am POSITIVE that no damage was done. I should have taken a picture. How can they accuse me of damaging her car when there are no witnesses, pictures, or a police report?

b. I was driving my roommates car and certainly do not want her rates to go up.

How should I proceed???

Thanks!!!!

Answer
Hi Kate,
Every state has a law stating that you must drive in such a manner as to be able to stop no matter what unforeseen circumstances happen on the roadway ahead of you.
You are considered to be at fault for this accident.

It's possible that the bumper was knocked out of alignment from the minor impact and it's also possible that the other driver felt soreness in his/her neck or back a day or two later and started treating with a doctor or chiropractor.  The adverse insurance company may be trying to recover physical damages and/or the money that they paid out in medical bills.  If there were medical bills, you can also expect a claim from the driver for pain and suffering.

The insurance follows the car.  This means that you will have to report the accident to your roommate's insurance.  If you are not NAMED on the policy as a DRIVER IN THE HOUSEHOLD, then her company will DENY the claim.

Your own policy will not cover you because among the many exclusions in your policy, one of them is that your policy does NOT follow you when driving a car owned by someone else in your household.

If you have not already done so, each of you should add the other as drivers on their policy.

Should this claim be denied because you were not named on your roommates policy, you will be personally liable for all damages and injury, plus a lawsuit may be filed against your roommate since she is the owner of the car.

I hope that this information has been of help.  Please write again if you feel that I can be of more assistance.
Your feedback by rating my answer will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area