claim against driver or owner insurance?

by Guest » Thu Jan 17, 2013 11:02 am
Guest

I don't have collision coverage for my car, since it's an old one. The other night while I was driving, I smashed into a car which was coming out of the alley. The car was my wife's !! And the front suffered quite a bit of damage. She has got all kinds of coverage like liability, collision, comprehensive and all. Whose insurance will pay?

Total Comments: 7

Posted: Thu Jan 17, 2013 01:50 pm Post Subject:

Neither.

Well, that's not entirely true. Your insurance will not pay her claim and her insurance will not pay yours -- unless you are divorced (or legally separated) and living separately from one another. If you are in the same household, though, forget it.

It doesn't matter whether the two vehicles are covered under one or two policies and by the same or different insurers. Each of your damages will be covered as a "first party" loss. Yours by your insurance (you have none), and hers by her insurance (minus her deductible).

Lots of auto insurance fraud, by the way, happens in alleys of all places. I wonder why?

Posted: Fri Jan 18, 2013 11:17 am Post Subject:

Oh, you got me all wrong. Or maybe my question was not clear. What I meant was - "I was driving my wife's vehicle and not my own". The car I crashed into belonged to a third party.

Posted: Fri Jan 18, 2013 11:20 am Post Subject:

I'm not even trying to commit an insurance fraud. Just anxious, that's all.

Posted: Fri Jan 18, 2013 01:55 pm Post Subject:

Since you are married I'm assuming that these vehicles are listed on the same policy and that you are both listed as drivers (why do I think in posing this question that this is not the case...).

Posted: Fri Jan 18, 2013 04:50 pm Post Subject:

You wrote:

I smashed into a car which was coming out of the alley. The car was my wife's !!

when you should have written, "I was driving my wife's car when I smashed into one coming out of an alley."

Makes a BIG difference!

It could be that the party driving in the alley was actually at fault, since they must yield right-of-way to vehicles on the surface street.

If your wife's vehicle has collision coverage, unless you are an excluded driver, there will be coverage. But as tcope has wondered, why are you asking this question? Are all your vehicles not on the same policy, taking advantage of a multi-car discount.?

Posted: Mon Jan 21, 2013 09:45 am Post Subject:

No, ours isn't on the same policy. Thanks for all the response though. My wife's insurer will cover it, and that's all I wanted to know. Huge relief :)

Posted: Mon Jan 21, 2013 10:26 am Post Subject:

Is there a particular reason you don't include all vehicles in the household under the same policy? Normally, it does not make sense to use separate policies.

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