Whose insurance pays if a friend gets into a crash while driving your car is not always a straightforward answer. It depends on what damages it is paying out, who caused the crash, and even the type of insurance you carry.
The attorneys at Gacovino, Lake & Associates, P.C. can help you figure out who pays for what if someone else has an accident in your car. Call us at 631-600-0000.
If Your Friend Caused the Crash and Your Vehicle Has Damage
If your friend caused the accident, the only insurance coverage that may apply is your collision and comprehensive insurance. If a tree fell on your car while parked at your friend’s house, your comprehensive coverage should pay out. If they caused an accident, though, you would need to file a collision claim and most likely pay a deductible. Your collision and comprehensive insurance always follow the car, so as long as you have this coverage, you will always have insurance to pay for car repairs.
If the Other Driver Caused the Crash and Your Vehicle Has Damage
When the other driver causes a crash, you can file an insurance claim against their auto liability insurance to repair the property damage. If they do not carry liability insurance, we can help you file a claim based on your uninsured/underinsured motorist coverage, or file a lawsuit against the other driver to collect compensation.
If Your Friend Suffered Injuries in the Crash, No Matter Who Caused the Crash
New York State auto insurance laws require all drivers to carry personal injury protection (PIP) insurance to cover their medical care and some lost wages, no matter who causes a crash. Unlike property damage coverage, these policies follow the driver. This means your friend would file a claim based on their PIP policy. If they do not carry this type of policy, they may have coverage through an immediate family member living in the same house — such as a spouse, parent, or sibling.
If the other driver caused the crash and your friend’s injuries are serious and surpass the limits of their policy, they might be able to file a claim based on the at-fault driver’s auto liability coverage.
If Your Friend Caused the Accident, and Another Party Suffered Serious Injuries
In most cases, the other party will rely on their PIP coverage to pay their medical bills. If their injuries are severe, however, they may meet the state’s minimum threshold to file a liability claim. If this occurs, they will file the claim against your auto liability policy.
Contact a Long Island Car Accident Attorney to Learn More
If your friend borrowed your car and was in a crash, we can help you sort out the insurance claims and how to proceed to recover compensation. Call Gacovino, Lake & Associates, P.C. at 631-600-0000 to schedule a free claim evaluation.
