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Insurance Law/Can roomate sue me for damages to their truck


I recently borrowed roommates truck, to go pay my phone bills. My truck was broken down. I carry full coverge and uninsured .
While driving his truck another driver runs the red light slamming into my roomates truck.
The other driver did not know their insurance info. Or maybe did not have insurance. Nor did my roomate have insurance. I was told there was no insurance on his truck can he sue me for damages to his truck?

Hi Vicky-
Good news for you.  While the Auto policy will generally respond with coverage to the extent that you carry, to a temporary replacement vehicle, you have to be legally liable for the policy to respond.  Since the other party was at fault (hope the police report documents that), your policy will not pay.

If your policy included Uninsured Motorist Property Damage (NOT Bodily Injury, Property Damage)then you would have to read very carefully the language of the endorsement, to see whether there are limitations, as to to whether coverage applies depending on if the car is Your Personal Auto, or also extends to a Temporary Replacement Vehicle.  So there is a remote chance your policy might respond to the damage the roommates vehicle, but in my opinion, remote.

That your room mate didn't purchase his own coverage for the vehicles means he chose to self insure for any damages that could occur, regardless of fault.  He needs to follow up with the other person first.  That's where the insurance company would go, if you indeed had the Uninsured Motorist Property Damage on your policy.

Glad I could help. :)


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I am a licensed Property/Casualty agent in the state of Wisconsin, a Certified Insurance Counselor and a Certified Insurance Service Representive, with a 15+ year background in personal insurance underwriting. I am currently working in the Homeowners and Auto field, and was licensed in Life and Health insurance years ago. I can provide input if you will give me a "one paragraph what`s the story", however depending on the situation, do note that as policy forms and endorsements vary by the state, the information may be general and educational in nature.


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