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Unauthorized driver wrecks car
Good morning, I live in ga and my daughter lent my car to a 32 yoa friend who had an accident. No citation issued, but in the report she states she is at fault.
She has insurance on her own car which is insured but was undeliverable at the time. She is refusing to help for the damages to either my car or the other car.
I called my ins co to see if I had to file the claim,(I haven't yet). she stated I would lose my premier status and my rates would probably go up. Can I get the unauthorized driver to pay for damages to both cars or am I just out of luck on both paing for the cars and my rates going up.
The answer is it depends. Technically speaking the person driving is responsible, however, for insurance purposes, insurance follows the car. This means that if your car is in an accident, it is your insurance company who will pay for the damages.
Now, the problem is that if the driver was not authorized to drive, it is very possible that your insurance company will not cover either vehicle. The “permissive driver” exclusion can get you on this one. It depends what your policy reads.
Some states allow for an implied permission. This means that if someone gave the keys to someone, then there might be implied permission. Some allow the one permitee rule, One person with permission to another person is allowed. Some will require strict permission from the owner. It truly depends on what your state does. Some require that the car be reported stolen at the time to consider no permission.
If there is no coverage, the driver must pay for your damages (and the other party). However, if they do not have insurance on their own vehicles, you might not have a way to recoup your loss.
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