Expert: Richard Hixenbaugh - 4/6/2009

Question
Two hours into our family vacation a deer strikes the corner of my 2009 car while my wife is driving resulting in nearly $7000 damage. I personally have insurance on this vehicle through State Farm with a deductible of $1000 for both collision and comprehensive. My wife also insures her vehicle through State Farm but with only $500 deductible for both. I understand the accident itself falls under my comprehensive for which I shall ultimately realize a $1000 personal loss. My wife’s policy covers her when she is driving somebody else’s vehicle - in this case mine. I would think that my $1000 (deductible) loss would be a liability claim against my wife? Shouldn’t the collision part of her policy cover me for my $1000 loss? I was told by the adjuster that only the original policy remains with the car to pay the claim which would be my policy. I understand this from the comprehensive coverage point but this makes on sense to me from a personal loss stand point especially when the cause was due to another entity (even if it is a family member). Please let me know your thoughts with possible analogy. Regards, Dennis.

Answer
Hi Dennis,

Auto insurance follows the vehicle and not the driver. Your wife's policy does not cover her while driving your car, your policy does. The only coverage that would come into play here is your comprehensive coverage with the $1,000.00 deductible.

Liability coverage is to pay for damage caused to other peoples property that you become legally liable to pay for. For legal purposes, you and your wife are considered to be one person. You can not be held legally responsible to yourself. So again, her coverage would not come into play.

The final thing is that your wife was not negligent. Whe a deer runs into your vehicle it is considered to be an "act of God" which is covered by your comprehensive coverage.

I hope this helps
Richard Hixenbaugh