by Guest » Wed May 26, 2010 07:30 pm
I recently dropped the insurance on my car because my car broke down...however I still have a valid drivers licence and am making a trip to Florida with my girlfriend and we are using her car...am I ok to drive?
Posted: Wed May 26, 2010 07:31 pm Post Subject:
While this may differ in some states, in most cases, the vehicle’s insurance is primary. Meaning, your girlfriend’s auto insurance policy will pay first if there is a claim while you are driving it. However, you need to contact her agent to verify coverage extends to other drivers. In most cases, policies do include provisions to cover drivers that are given permission to drive a vehicle, but there could be conditions set, such as no coverage if you live with her or if you have access to the vehicle over a period of time.
With that said though, even in the event your girlfriend’s policy does cover you when you drive it, it doesn’t mean her policy will cover everything, nor does it mean they are looking out for your best interest. You aren’t their client, your girlfriend is. Thus, you always benefit carrying your own policy. In the event your girlfriend’s policy doesn’t cover the accident, doesn’t provide enough coverage for the accident, or heaven-forbid, she let the policy lapse during your vacation, you can always be rest assured you are covered by your own policy (one more disclaimer: talk to your agent about how your policy would extend coverage to non-owned autos).
Posted: Fri May 28, 2010 03:32 am Post Subject:
even in the event your girlfriend’s policy does cover you when you drive it, it doesn’t mean her policy will cover everything
Good advice! Many companies insert language in the contract that limits liability coverage to state minimum in the event the vehicle is being operated by a non-owner or other person not named in the contract. Additionally, if the two of you live in the same household, not being named in the policy as a licensed driver living in the household most likely means that such persons are treated as excluded. You need to contact her agent or her company for answers to these questions.
Posted: Fri May 28, 2010 04:41 am Post Subject:
Great answers. Max, good points all. Ryan_Nickels, welcome to the forum. Great response, and thank you for your gud speeling and well- use of grammer. :wink: Seriously, great post and keep it up.
There's commonly a lot of misunderstanding surrounding the permissive-use doctrine. Technically referred to as the "Omnibus Clause," like so many things in the world of insurance, has been tweaked by law and company contract language considerably over the years. Some states don't really give a rip and leave the policy language up to the insurer, assuming the language fits within the law; other states regulate the issue kind of heavily.
Usually, the issues occur in no-fault states and commercial policies. Hey Max, can you say California? Most true negligence states (comparative or otherwise) have true permissive use- the exact same coverage applies to anyone using the vehicle with the owner's/insured's permission and a valid driver's license. Most will cover proper use by permitted drivers as well. But as it was pointed out, there are definitely states/policies that will only provide minimum required liability and some will not cover physical damage caused by a permissive use driver.
Another thing to consider hasn't been mentioned- the kind of policy. Most non-standard (high-risk) policies are "named-driver" policies. They will only cover drivers specifically named, or listed, in the policy, that are shown on the declarations page, and for whom a premium has been paid.
The best advice, especially if you don't know how to interpret insurance language, is to talk to your agent. Hopefully your agent isn't an idiot.
InsTeacher 8)
Posted: Fri May 28, 2010 11:33 am Post Subject:
The best advice, especially if you don't know how to interpret insurance language, is to talk to your agent. Hopefully your agent isn't an idiot.
In this scenrio, would be a good idea to talk to girl friends agent BEFORE you leave on vacation.. :wink:
Posted: Sat May 29, 2010 09:28 am Post Subject:
Hey Max, can you say California? Most true negligence states (comparative or otherwise) have true permissive use- the exact same coverage applies to anyone using the vehicle with the owner's/insured's permission and a valid driver's license.
Although California is a comparative negligence state, courtesy of the "Trial Lawyers Assn" (and the fact that lawyers outnumber pizza parlors by a factor of about 3:1), the Insurance Code is silent on the issue of policy limits for "permissive use."
A number of insurers, Mercury Casualty chief among them, include liability limitations reduced to state minimums (15/30 [BI] and 5 [PD]) in the event the vehicle is being operated by a non-named driver with permission. Of course, when driven by an excluded driver or person without permission (as in, THIEF), there is no liability coverage, and any collision involving that party is treated as an uninsured motorist event.
Posted: Sat May 29, 2010 11:27 am Post Subject:
If a theif took it CA doesn't call that comp?
Posted: Sun May 30, 2010 01:54 pm Post Subject:
Certainly, the act of having one's car stolen is covered under comprehensive ("other than collision" in most CA policies these days). That wasn't the question.
The question is about a driver's liability and coverage under someone else's policy, and I was addressing the issue of unnamed drivers without permission, such as the thief who steals the car and causes a collision. Most policies generally provide no liability coverage for that. It was clearly stated in my post:
Of course, when driven by an excluded driver or person without permission (as in, THIEF), there is no liability coverage, and any collision involving that party is treated as an uninsured motorist event.
Based on the OP's question, it would be best if he was added as a named (occasional) driver of the vehicle to avoid any complications.
Posted: Tue Sep 04, 2012 12:58 am Post Subject: Permissive Use
A cousin came to visit from out of state and got into an accident with my car (ran over a curb and cracked an axle). There was only damage to my car. She asked permission to use the car. Does my California automobile insurance cover the loss?
Posted: Tue Sep 04, 2012 01:23 am Post Subject:
If you have collision coverage... and see my sig.
Posted: Tue Sep 04, 2012 02:17 am Post Subject:
Doubtful this will cost much more than your collision deductible. Does your cousin not have auto insurance in her own name in her home state? If she does, you are better off filing a claim against her insurance, not yours. It would be a negligence claim, and they would pay 100% of the loss, assuming it is not a "total" loss.
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