You are here:

Auto Insurance Claims/car scraped by friend

Advertisement

Expert: - 10/16/2010


Question
A friend was pet/house sitting at my house.  She was asked to only put the trash that was sitting OUTSIDE the house on the curb to be picked up.  Instead, she dragged the large, heavy plastic, trash can from the garage in order to use it as a "wheelbarrow" of sorts for the outside trash.  the trash can was much bigger than the space she was trying to fit it through and she left a huge scrape on the side of my car.  It will have to be painted.  Is she responsible for the repairs and, if so, is it her auto insurance that we would make the claim through? Thanks

Answer
She was negligent and is responsible for the damages.  However, it could be argued that she was technically acting as an employee of yours and therefore she might have a defense to liability.

Her auto insurance will not cover this.  It would only apply if she was operating a car.  If she has a homeowner' policy, it might provide some liability coverage for this.

Your auto insurance will cover this under Comprehensive coverage, assuming you have this coverage on your policy.  If you have a deductible you will be responsible for it.  Your auto insurer might consider going after her to collect what they pay out.  You could also do the same for the deductible, but you might have to sue her in small claims court to succeed.  This really comes down to how much you value the friendship.  

Auto Insurance Claims

All Answers

Answers by Expert:

Ask Experts

Volunteer

Claims Guy

Expertise

I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer......I can answer questions related to any aspect of Automobile insurance claims and coverages. I can provide an inside look at how insurers operate. I always treat my customers fairly and want to help make sure you are treated fairly. However, please keep in mind that being treated fairly according to the law does not guarantee that you will get what you want. I can also answer some questions regarding Homeowner's and other types of insurance claims. I have handled all types of auto insurance claims and coverages. I am NOT an automotive repair expert but can give advice re how insurers handle complex repair issues. Please keep in mind that every state has its own set of laws pertaining to rules of the road, liability, and insurance. No one is an expert on every state. I am most familiar with laws in Maryland, DC, West Virginia, and Virginia, but will attempt to answer questions for other states. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Experience

I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Organizations
CPCU Society. Adjusters license in multiple states. International Association of Specal Investigators

Education/Credentials
I have a B.S. in Finance and have completed the AIC and CPCU designations.

©2012 About.com, a part of The New York Times Company. All rights reserved.