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Liability while driving a "loaner car". Traveler's Insurance policy
(San Diego, CA)
My 83 year old father was recently in a fairly minor 3 car pile-up. Not actually a pile-up, but more of one car slightly/barely bumping the next which bumped into the 1st vehicle.
My father was in the middle car. The first car came to a sudden stop. He stopped in time to avoid a collision. The 3rd car bumped him enough to force him into the 1st car. The driver in the first car complained of whiplash and was taken by ambulance to the hospital. Not sure of the damage, but they are certainly going to try to milk it.
The 3rd driver claims she "doesn't think" she hit my father's car. But the owner of the "loaner car" my father was driving will testify there was new damage to the rear end of the car that wasn't there when my father took the car. It was a loaner car from a car repair business.
1st Issue, does it matter whether the 3rd car hit my father, forcing him into the first car. Or is he liable for damage to the first car regardless.
2nd and more important question. His insurance company, Traveler's claims my dad is not covered in this case by his auto policy. It is my understanding in Connecticut, that he would be covered while driving a loaner, or rental car.
Thank you for any help you can give.
Well, let us address your issues
1. It does matter. If the was hit from behind and then pushed into the vehicle in front, then he is not liable to anyone. The vehicle behind will most likely be liable to everyone.
If he hit the vehicle in front, and then he was hit, he will owe a portion, if not the majority of the damage's of the vehicle in front of him. He will owe for his own front end damage, or most of it, and the vehicle behind him will owe him for the damages to the the rear of his car and may be a portion of the front end damage.
2. You are only covered for vehicles that are not for regular use. If you borrow a car often, and the vehicle is reasonably available for his regular use, then it is not a "loaner" it will likely be excluded.
If, however, he was using this vehicle this one time, then that is different.
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