Canoga Park, CA asked in Car Accidents and Personal Injury for California

Q: My brother took my car without asking and got into an accident.

Now my car is all smashed up and my brother is hurt in the hospital. The other car is also a mess and the passenger of that car is still in the hospital too. The driver wasn’t hurt so bad. I have insurance for me on my car, but does this cover my brother? I’m not sure who I’m supposed to talk to. Do I talk only to my insurance company? I’m getting calls from the other persons insurance company and they are scaring me.

4 Lawyer Answers
Vivian Francisca Yochelson
Vivian Francisca Yochelson
Answered
  • Personal Injury Lawyer
  • Woodland Hills, CA
  • Licensed in California

A: You and your brother should immediately consult with an attorney before speaking to any insurance company representative, whether your own or the other party’s insurance. There are a lot of unanswered questions, such as who is at fault for the accident, which insurance would be primary (your car insurance or your brother’s insurance if he has any). If your brother did not have permission to drive your car the insurance company could deny coverage for the accident.

Dale S. Gribow and William John Light agree with this answer

William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Riverside, CA
  • Licensed in California

A: If your brother took the car without permission, then he will not be covered by your liability insurance which, if he is at fault, would leave him unprotected. Some insurer take the position that family/household members have implied permission to use cars that are in the family/household. Your collision coverage should still apply to get your car fixed or declared a total loss.

Neither you nor your brother are under any obligation to speak to the insurer for the other parties. However, you do have an obligation to speak with your insurer and to notify it of the claim. Decide whether your brother had permission/implied permission to use your car.

Steven M. Sweat
Steven M. Sweat
PREMIUM
Answered
  • Personal Injury Lawyer
  • Los Angeles, CA
  • Licensed in California

A: Report the claim to your insurance carrier immediately. You are not obligated to speak with the insurance company for the other side.

Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed and you should retain a lawyer to go over ALL the info BEFORE you talked to the ins co......

if he took your car without permission and you told your ins co that was the case, then your insurance will not cover him.........they will deny coverage.

technically it is a criminal theft.

if on the other hand, because he is your brother, he took your car from time to time, without getting your permission each time, but knowing it was ok, then your auto insurance should cover all UP TO THE LIMITS OF YOUR POLICY.

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