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Liablity insurance coverage | Question

by Fay

Will it cover you if someone else is driving your car?

Also what if they were drinking and you did not know?


Hello Fay,

Your questions is perhaps one of the most complicated we had, ever…

There are two issues here:

  1. Is the driver an insured (per policy definition)? And if so, what coverages does she/he have?

  2. If the driver is not an insured? What position does the policy holder have?

A permissive driver of a vehicle is most likely an insured (unless there is exclusion to that person). Other common exclusions are "non permissive", "available use", and often "alcohol use."

There lies your problem, what does your policy say about alcohol use? Please see:

If there is an exclusion there, would the exclusion be also exclude the policy holder? It really depends on how the policy is written.

If there is coverage for the driver (there is no other exclusion and the alcohol use exclusion does not apply), then that person would have coverage and the policy would pay first leaving you out of this (unless the damages are so high that they still be owed money after payment).

You need to talk to an attorney about coverage. Please see:

Good Luck,

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