Q: Unauthorized driver totaled my car in accident; other driver at fault. What should I do?
I lent my car to my cousin while he was visiting for the weekend. His friend took my car without permission and was involved in a car accident, totaling the vehicle. The police are not aware of the unauthorized use, as my cousin did not report it. The other driver was at fault, but the unauthorized user is now trying to sue my insurance. The insurance company has been contacted by this individual, who is now refusing to communicate further. The police report is pending. What should I do next?
A:
I assume you have made total disclosure to your insurance company of the facts. If not, you need to do so immediately. I'm guessing from your description that the unauthorized individual is attempting to receive the PIP benefits under your policy for payment of medical bills and/or is attempting to receive benefits under your uninsured/underinsured coverage, if any. If it is established that he indeed has zero permission to drive the vehicle, he likely is not entitled to those benefits. However, if he claims that he HAD permission (and he likely would have to claim permission from YOU), then the insurance co. would need to conduct an investigation to sort it out.
The insurance co. would then make a decision to either approve or deny the claim(s). If denied, this story will be over unless that individual then files a lawsuit in court. Then the insurance co. would decide whether to vigorously defend the lawsuit (through a lawyer that it hires) or to try to settle with that claimant. Right now, you must contact your insurance co. and determine if the above is what's actually going on AND confirm with them that they are handling it with absolutely no need for you to retain counsel (and if so, confirm all that IN WRITING). If something other than that is going on, best for you to schedule a legal consultation.
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