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Auto Insurance Claims/Permissive use with damage

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Expert: webfoot - 7/6/2006


Question
My daughter had permission to drive a friend's car.  The friend was in the car. My daughter backed out of a driveway and struck the driver's side door of a parked car opposite the driveway. At first, the friend's mother said they could split the out of pocket expenses.  They have a $1000 deductable.  The friend's car has $750 in damage and the other car was 'supposedly' $2000.  Now, the story has changed.  The friend says their insurance covered the other car, but they want my daughter to pay the $750. for their car.  Something smells fishy.  If the frind actually filed a claim, wouldn't it cover BOTH vehicles?  I suspect the 'other' guy filed a 'hit and run claim', where there was no deductable on his insurance and the so called friend is now trying to avoid any expense by having my daughter pay the entire bill.  Also, does my daughter really have ANY liability here since the insurance is on the car, not the driver?

Answer
Deductables do not apply to liability on auto policies.  The insurance company covered the other car in full.  The deductable is for the damage on the insured vehicle only.
You said that the freind's car has a $1000 deductable.  That is why the friend has to pay the $750 because that deductable has not been reached.  What reason would the owner of the other car have to file a UM claim if he was already being compensated?  That makes no sense.

The third part of your question regarding your daughter's liability though was very disappointing.  What kind of lession are you trying to teach your kids about responsiblity?  

Yes, insurance follows the car.  Did the car back itself into another car.  If not for you daughter behind the wheel, would we be having this discussion?  Why on earth would you believe that your daughter does not owe for this?

Hopefully, you'll advise her to do the right thing.

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webfoot

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Auto damage, liability, insurance fraud. I am a full time auto insurance adjuster with experience in collision, theft, liability and fraud investigation. I am also an ASE Master Auto Tech and I-Car Collision Platinum certified. My experience includes 15 years in the auto repair industry, a B.S. in Criminal Justice, Law enforcement and auto insurance. ****** NO "PRIVATE" QUESTIONS WILL BE ANSWERED. I HAVE FOUND THAT NEARLY ALL PRIVATE QUESTIONS COME FROM PEOPLE WHO ARE CONSIDERING OR ATTEMPTING TO COMMIT FELONY INSURANCE FRAUD AND I'M NOT HERE TO HELP YOU! ****** I AM HERE TO ANSWER AUTOMOTIVE REPAIR, CLAIMS PROCESS AND SOME SIMPLE LIABILITY QUESTIONS. I CANNOT ADDRESS COMPLEX LIABILITY SCENARIOS WITHOUT HAVING ALL OF THE INFO FROM BOTH SIDES IN FRONT OF ME. QUESTIONS ABOUT PREMIUMS OR HOW INSURANCE IS RATED SHOULD BE ADDRESSED TO YOUR PERSONAL INSURANCE AGENT WHO KNOWS A WHOLE LOT MORE ABOUT YOUR HISTORY THAN I DO. I'VE NEVER SOLD INSURANCE AND DO NOT KNOW IF YOUR INDIVIDUAL INSURANCE RATES WILL GO UP IF YOU MAKE A CLAIM. THOUGH I'VE HANDLED SOME VERY MINOR SOFT TISSUE INJURY SETTLEMENTS, I PREFER NOT TO ANSWER INJURY RELATED QUESTIONS. I'M NO INJURY EXPERT AND I'LL LIKELY SAY SOMETHING TO HURT SOMEONE'S FEELINGS AS I BELIEVE THAT MANY SOFT TISSUE PAIN AND SUFFERING CLAIMS ARE OVER DRAMATIZED. UNLIKE MANY OTHERS, I AM ON THIS FORUM AS A VOLUNTEER WITH NO PRODUCTS OR SERVICES TO SELL AND PROMISE AN UPFRONT ANSWER BASED ON MY EXPERIENCE IN BOTH SIDES OF THE INDUSTRY. IF YOU PROVIDE ME WITH A HONEST VERSION OF EVENTS, I PROMISE A CANDID AND HONEST ANSWER IN RETURN. I CANNOT ADDRESS ALL CLAIM SCENERIOS DUE TO DIFFERING STATE LAWS AND REGULATIONS, BUT WILL DO MY BEST. PLEASE REMEMBER THAT AN HONEST ANSWER MAY BE ONE THAT YOU DON'T LIKE SO IF THAT IS GOING TO BE A PROBLEM, PLEASE DON'T ASK THE QUESTION. LASTLY, I DO NOT ACCEPT RATINGS AS I DON'T DO THIS FOR RATINGS AND WISH TO SPEAK FREELY.

Experience

20 years in automotive industry, Currently in insurance claims, worked actively as technician and shop owner until about 10 years ago. Current ASE Master Auto Tech and I-Car Platinum Collision Certifications, B.S. Criminal Justice and 10 year auto insurance/extended warranty background

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