Accident driving my girlfriends car

by James

I was involved in an accident driving my girlfriends car. she has liability insurance on her vehicle. I also have liability on my own vehicle.I was backing out of a parking spot going right.(the parking spots are adjacent to the street.

A lady on the other side of the street was backing out left. the vehicle i was drivings passenger corner of the bumper met the middle of her bumper.

Who will be at fault? Will my girlfriends liability insurance cover me driving with permission?

I believe i was completely backed out of my spot and that her car was still half way in the parking space so i would have legal right-of-way. If they say it is her fault and i dont happen to be covered by my girlfriends insurance will it automatically put me at fault? I am confused, help please!


Answer:


Hi James,

I am sorry to hear about your accident. Parking lot accidents are difficult and at times, the insurance adjusters simply do not know what is going on.

You seem to have two different issues. One is coverage and the other one is fault. Note, these are two different issues and they do not bind each other. So, let me approach them in a separate fashion, and hopefully I can clear up your confusion.

First, you are driving your girlfriends car. The general rule is that insurance follows the car. This means that your girlfriend's insurance will cover you, unless her policy excludes you no the policy (i.e. James is not covered on this policy). Or you do not have permission to drive the vehicle (you stole it), which you did have permission.

So it would appear that you have coverage (unless you are excluded). Now, your auto policy will also cover you. You would be secondary under that policy. This means that if you cause a lot of damage and your girlfriend policy does not have enough limits to pay, then your policy will step in and pay the difference. Basically, you would be doubled covered.

The second issue if fault. Your girlfriend's insurance company (or your insurance) will not pay unless you are at fault for the accident. A fault accident must be done before you can determine who pays what. For more information about determining fault, visit: http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html

In your case, you would be correct, if you were completely out of your parking spot, you would have the right of way. The problem will be proving that. However, whether you are at fault or not, does not mean you are not covered. You have coverage regardless.

I hope this helps some