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Question
Last weekend, my girlfriend took my car while I was out at a ball game with friends. Although we live together, I had no idea she would take my car as her license is suspended. She was upset with me going out, so she decide to go out too. On her way home, she rear-ended someone causing body damage to both cars. We live in Michigan. She was ticketed for OWI and driving on a suspended. Now the driver of the other car is calling the house to get insurance info and so is his insurance company. As my girl did not have permission to drive my car, and as she was driving on a suspended, I am fairly certain my insurance will not cover this so I haven't even called them. Is this something my insurance takes care of, or does my girlfriend just pay the deductible for the other car? Or does the other person need to sue my girlfriend to get the payment. My girl's only income is a small social security check as she is disabled. Any help you can provide is appreciated. Thanks!
I can only give you the appicable answer for "most" states as I'm not at all familiar with MI.
This is a very situation and should be reported to your insurance company immediately.
If your girlfriend is living with you, has no license and is not listed as a driver on the policy, the claim will likely be denied. The insurance company only received a premium payment for assuming you as a risk. Now, once the claim is denied, the other party may pursue you personally for the damages.
At this point, you will have two choices. Risk becoming personally liable for the damages. This isn't a good choice as she is charged with OWI. The most minor bodily injury claim in a OWI case can result in huge punitive damages in addition to the actual damages.
The only way that you can protect yourself from that risk is to prove that she did not have permission to drive the vehicle. Unfortunately, this will likely include you pressing charges against your girlfriend for auto theft.
This isn't something that you need to be trying to handle on your own.
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Answers by Expert:
webfoot
Expertise
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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