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  1. #1
    Join Date
    Oct 2016
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    5

    Default Whose Insurance Coverage Pays for Damage from an Accident in a Borrowed Car

    My question involves insurance law for the state of: New Jersey

    My friend borrowed my car with my permission. He gave me a ride to work and then then took my car to get my tire repaired while I was at work. When I got home, I saw that he was involved in an accident with my car. My car has right front fender, headlight, and hood damage. He claims the other driver just drove off, so he didn't stop at the accident scene. I doubt his story about this. Someone (maybe the other driver) wrote down my license plate number and reported the accident to the police in that town and the other driver reported the accident to my insurance company. I got a letter from the other driver's insurance company saying they need to contact me to discuss this matter. And, my online access to my own insurance company shows that there is a "claim" filed with my insurance company on the date of the accident. I have not yet called or talked with anyone, but I know I will need to at least contact my own insurance company to notify them of the accident. But, I do not know any of the details of the accident, or even exactly where it occurred etc -- just the town where the accident happened.

    I do not have collision coverage for my own car, just liability coverage for damage to others.

    My friend who was driving my car, and who got into the accident with my car, has a car of his own and has insurance for his car.

    My question is, "Since my friend was the driver of my car, and I was not there and not involved in the accident", who pays who for what?By that, I mean, does my friend's insurance on his own car get involved in any way -- meaning, can I (or my insurance company) go after my friend's insurance for damage to my car as well as damage to the other person's car?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Whose Insurance Coverage Pays for Damage from an Accident in a Borrowed Car

    Your car; your insurance. You can sue the person at fault for the accident though.

    And and never go after an insurance provider. They weren't involved in the accident. You always sue the at fault party and if their insurance provider is obligated to indemnify them, the insurance provider steps in and pays whatever they are contracted to pay.

  3. #3
    Join Date
    Oct 2016
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    5

    Default Re: Whose Insurance Coverage Pays for Damage from an Accident in a Borrowed Car

    Quote Quoting jk
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    Your car; your insurance. You can sue the person at fault for the accident though.

    And and never go after an insurance provider. They weren't involved in the accident. You always sue the at fault party and if their insurance provider is obligated to indemnify them, the insurance provider steps in and pays whatever they are contracted to pay.
    Okay, thanks. Makes sense. Does that mean that I could sue both my friend (as the driver of my car) and the other driver for the damage to my car? I don't know which driver was at fault for the accident. And, then they could each deal with their own insurance company to indemnify each of them?

    On a side note, I was wondering, if it is determined that the driver of my car (my friend) is 100% responsible for the accident, and my insurance company has to pay for the damage to the other car -- can my insurance company go after my friend's insurance company to try to recover what they had to pay out?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Whose Insurance Coverage Pays for Damage from an Accident in a Borrowed Car

    Your friends insurance company isn't going to pay anything.

    You can try to sue the other driver but since you do nit how the accident happened you can't prove they caused the accident. That would mean you lose.

  5. #5
    Join Date
    Oct 2016
    Posts
    5

    Default Re: Whose Insurance Coverage Pays for Damage from an Accident in a Borrowed Car

    Quote Quoting jk
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    Your friends insurance company isn't going to pay anything.

    You can try to sue the other driver but since you do nit how the accident happened you can't prove they caused the accident. That would mean you lose.
    Thanks again. That seems to answer an underlying question that was on my mind -- whether when someone gets an auto insurance policy, does that insurance just go with the car, or does it also go with the driver who obtained the insurance? For example, if I have liability auto insurance on my own car, and I drive someone else's car and get into an accident, could my own insurance help cover me for any liability and damage caused by me while driving someone else's car. From your answer, I guess the answer is "no, my own insurance doesn't cover me while I am driving someone else's car".

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