Who is responsible?

[Amber Lamps]

A deer collision is considered "comprehensive" trust me I know... and as such may not be covered under several conditions depending on the policy. If she had gotten in an accident with another vehicle, things may have been different. Besides, it was a girlfriend's daughter which makes it NOT a family member people... There also may be details your co-worker may not be telling you. If she was at fault for some reason, as in inebriated or driving recklessly the ins co could cry foul... if it were me btw I'd be on the phone working my way up that ins co's corporate ladder. I would also call the gf's ins if the daughter is on it, fuck the relationship we're talking thousands of dollars here!

[Looni2ns]

In insurance legalese, she's known as a "permissive user" since she had his permission to drive the car. He needs to get the policy out of the drawer and read it, especially the definition of an insured driver and the exclusions. If the insurance company contends there is no coverage, he deserves an explanation, including a cite to the specific policy language, in writing. Also, if she is a covered driver under her mom's policy, or has her own policy, then her or her mom's insurer should provide coverage for the incident.


Disclaimer -- I'm not a lawyer, just a lowly paralegal. But I did stay at a Holiday Inn one night. :-)

[Amber Lamps]

Originally Posted by Looni2ns

In insurance legalese, she's known as a "permissive user" since she had his permission to drive the car. He needs to get the policy out of the drawer and read it, especially the definition of an insured driver and the exclusions. If the insurance company contends there is no coverage, he deserves an explanation, including a cite to the specific policy language, in writing. Also, if she is a covered driver under her mom's policy, or has her own policy, then her or her mom's insurer should provide coverage for the incident.


Disclaimer -- I'm not a lawyer, just a lowly paralegal. But I did stay at a Holiday Inn one night. :-)

Yes but was it an "Holiday Inn Express"? It makes a big difference!

[Particle Man]

Originally Posted by askmrjesus

I'm just guessing, but I don't think the deer's car was damaged...

JC

Originally Posted by shmike

Mr. Hand got right.

It depends on if she lives with him.

You can loan your vehicle to another licensed driver and they will be covered on your insurance if they don't have thier own.

Because it is most likely that you'd loan your vehicle to someone at home, other licensed drivers in the house are supposed to be listed with the insurance provider so that they may be added to the policy if necessary.

Originally Posted by Looni2ns

In insurance legalese, she's known as a "permissive user" since she had his permission to drive the car. He needs to get the policy out of the drawer and read it, especially the definition of an insured driver and the exclusions. If the insurance company contends there is no coverage, he deserves an explanation, including a cite to the specific policy language, in writing. Also, if she is a covered driver under her mom's policy, or has her own policy, then her or her mom's insurer should provide coverage for the incident.


Disclaimer -- I'm not a lawyer, just a lowly paralegal. But I did stay at a Holiday Inn one night. :-)

Need more details.

It really depends on the terms of the policy - some cheaper policies don't include coverage for other licensed drivers unless they're specifically listed on the policy.

Policies like that are cheaper because they basically are reducing their liability of having to pay for an accident caused by another licensed driver. A lot depends on the state though (I'm not as familliar with those states' insurance laws). Some states don't allow the exclusion of permissive users (and it's the state where the person resides, not the state where the accident happens that determines this).

They do have to provide citation of the specific language in the policy leading to the failure to cover the damages caused by the accident.

[Papa_Complex]

Originally Posted by Triple

Insurance question. If you have links or other sources for your answers, please include them. I wasn't sure how to word this for a Google search myself...

The 17 year-old daughter of a coworker's girlfriend struck (or was struck by) a deer while driving his Infiniti this past weekend. She was not listed as a driver on his insurance policy; he had simply let her borrow the car for a night. The collision caused significant damage; I haven't seen the car since the wreck, but my coworker is under the impression it might be totalled.

Even though his insurance policy includes comprehensive and collision coverage (not sure which one covers hitting animals), his carrier is denying him coverage for this accident because the girl is not listed as a driver on his policy.

The car is registered in Georgia, but the accident occurred in Tennessee. Can his insurance provider legally deny him coverage for this wreck? If so, it sets the precedent that it is never safe to loan your vehicles to friends or family, which, obviously, people do all the time.

I've been in wrecks in cars that weren't mine and never had any such problem (albeit, this was in Michigan, which may be the reason why).

Thoughts?

If she lives in his home and wasn't disclosed as a possible user of the vehicle, then he's likely hosed. The policy costs are scaled based on the company's risk exposure and a young occasional driver of a vehicle significantly increases this exposure.

If she doesn't live with him then he's got a shot, but would likely have to sue his own insurance company in order to get them to pay out.

[skiergirl]

couple links I found by searching Ins coverage on borrowed vehicles - Seems to apply to your case too...

http://en.allexperts.com/q/Auto-Insu...e-Borrowed.htm

http://answers.google.com/answers/th.../id/69471.html

you can probably find several more by that search wording to help too...

[Rider]

Originally Posted by Triple

Insurance question. If you have links or other sources for your answers, please include them. I wasn't sure how to word this for a Google search myself...

The 17 year-old daughter of a coworker's girlfriend struck (or was struck by) a deer while driving his Infiniti this past weekend. She was not listed as a driver on his insurance policy; he had simply let her borrow the car for a night. The collision caused significant damage; I haven't seen the car since the wreck, but my coworker is under the impression it might be totalled.

Even though his insurance policy includes comprehensive and collision coverage (not sure which one covers hitting animals), his carrier is denying him coverage for this accident because the girl is not listed as a driver on his policy.

The car is registered in Georgia, but the accident occurred in Tennessee. Can his insurance provider legally deny him coverage for this wreck? If so, it sets the precedent that it is never safe to loan your vehicles to friends or family, which, obviously, people do all the time.

I've been in wrecks in cars that weren't mine and never had any such problem (albeit, this was in Michigan, which may be the reason why).

Thoughts?

This is a very true statement and I NEVER loan my cars out to anyone. It's reasons like this is why I never loan my car out. You can't trust ANYONE.

[Mr Lefty]

AFAIK... they can... but have the girl check with her insurance... I know with my policy... I'm covered for any vehicle I drive. (so I don't have to get extra coverge for rental vehicles...ect.)