Expert: Anne - 9/14/2010

Question
I let my friend drive home froma party, she turns into traffic was sited, the person she was not. police towed car to impond lot. damages are estimated 3,600 to my car. I do not have collision coverage. She is from Ny and her insurance says coverage follows car no matter what. My friend is ignoring me and doesn't seem willing to help pay even though she was at fault. Do I have any legal recourse

Answer
Hello Lesli,

"Insurance Follow the Car" is USUALLY the way insurance works. However, if she has coverage (collision) and you do not, her insurance would become (secondary insurance) and it would therefore cover the vehicle.

She is still defined as an insured under her policy, and unless

a. there is other available insurance on your vehicle (which there is not as you do not carry collision)

b. the vehicle is not regularly available to her (she drives this car all the time - you must show that she only used it one time or only borrowed this one time

there should be coverage there.

See more:
http://www.auto-insurance-claim-advice.com/Additional-Insurance-Clause.html

Remember, your friend is liable to you as when she decided to drive, she took possession and control of the car, thus, it's her responsibility to not crash it.

Talk to a lawyer if they are giving you the run around.

Good Luck
Anne
http://www.quirogalawoffice.com/
http://www.spokanebankruptcy.org/