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Auto Insurance Claims/No Fault Car accident, my boyfriend was driving the car

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Expert: - 7/18/2011


Question
Hi,
I am really at a loss after our accident and am looking for some advice to bring light for us in this case.
My kids and boyfriend were driving back home on parkway in my minivan.  I have insurance (full collision and comprehensive) with Liberty Mutual in state of CT.  He volunteered to drive as I was recovering after a dentist visit and I was in a passenger seat next to him.  He is not named as a driver on my car policy.
At the speed of 60 suddenly he lost control and first veered into the right railing and then hit left railing, and stopped on the shoulder.  Luckily, no other cars were involved.  I suspect blown tire as weather conditions were impeccable.  
Body damage is severe, no front damage though (electric, engine is intact).  
Should I file claim with my insurance although he was the driver who is not on my insurance?  Can coverage be denied if it was not me who was driving?  Will my premiums go up (I have very good driving record)?  Would it be better to file a claim with his insurance?  He is covered but his driving record has been tarnished by few accidents.
I appreciate as much insightful info as you can give!

Answer
You should file a claim with your insurer.  His insurance is not applicable.  Coverage will be provided as long as he had your permission to drive.  As for your premiums, I cannot answer as each insurer has their own rules for this.  But a premium increase seems likely.

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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.

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