Q: If an unlicensed driver was driving my car with me in it and someone hits them am I at fault?
Insurance company called, I claimed to be the driver and didn't mention it in my statement. It was the other driver's fault for hitting me. And there was very minimal damage to both vehicles (fender dented & bumper was broken) When the other driver reported, I got a call back from the insurance company. Am I going to be in trouble for not mentioning it at first?
A:
You are derivatively liable for the negligence of the person driving with your permission. Your liability is limited to $15k/person, $30k/accident, $5k property damage.
You might also be liable for negligent entrustment of the vehicle to someone who was not qualified to drive. Your liability under this theory is limited only by the extent of the damage caused.
A: Also, lying to your insurer can be a crime and can be a basis for your insurer to refuse to defend and/or indemnify you. Lying never makes things better. Just tell the truth.
A:
As I'm hearing it the other car hit you. You are the owner and have a right to make a claim for damage to the car regardless of who is in the front seat. Do you have the police report? If that says you were not driving the insurance company is going to wonder. If you didn't get cited for allowing another person to drive you don't have to worry about the cops, just the insurance companies.
So you need to call back and say you misunderstood--you thought they were asking who was in the car. Identify the driver. Do not volunteer that they didn't have a license because if it was the other vehicles fault his being licensed or not had nothing to do with who was at fault and who pays for whose car damage.
A:
more info needed.
if your car is not at fault then the issue may be how much, if any, you can collect with an uninsured vehicle.
clearly, you can collect for damage to your vehicle but maybe not for your injuries pain and suffering.
if your car is at fault then you have personal exposure up to $15k.
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