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You are here: Experts > Money > Personal Insurance > Insurance Law > Property Damage from Car accident
Expert: Denise
Date: 8/5/2008
Subject: Property Damage from Car accident
Question
Who pays for property damage? At a rental property of mine a retaining wall was damaged after a car accident. The driver of the car (not the owner of the car) missed a stop sign and damage mine and the neighbors retaining walls. My home owners insurance does not cover the wall. They told me the car insurance of the owner of the vehicle should cover it. The driver did not have insurance. The owner of the car is saying they were told the driver is responsible. They do not want to give me their insurance information. They said the driver is a sister and took the car without permission. In Ohio
Answer
Hi Beth-
Liability follows the ownership of the vehicle, not the driver. You will need to file against them in small claims or civil court. The judge may not accept their story that the sister of the owner took the car without permission. Often family members are considered to automatically have permission to drive, but you would want to check with an attorney to see what the best way would be to handle it in your state. Sorry I can't be of more help. :) Denise
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