Q: Unauthorized driver totaled my car in accident; other driver at fault. What should I do?

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.

A: Consider a consult with an attorney. It has the makings of an accident that could quickly accelerate into an investigation on the part of the carrier. Good luck

A: First, it’s important to notify your insurance company immediately about the unauthorized use of your car and the pending police report. Since the driver was not authorized to use the car, this could affect your insurance coverage and how the claim is handled. Be sure to provide all the details, including the fact that your cousin’s friend took the car without permission, and that the other driver was at fault.

You should also follow up with the police to ensure that the incident is properly documented and that the unauthorized use is noted in the police report. This can help clarify the situation and prevent any confusion regarding the liability of the individual who took your car. It may also support your position if the unauthorized driver attempts to sue your insurance.

If the individual continues to refuse communication, it’s important to consult with an attorney who can help protect your rights. They can assist in navigating the complexities of insurance claims, particularly in cases involving unauthorized use, and ensure that your insurance company handles the situation appropriately. Your attorney can also advise on the next steps if the unauthorized driver attempts to pursue legal action against your insurance.

A: The first thing you should do is notify your insurance company immediately about the unauthorized use of your car. Explain the situation, including that your cousin’s friend took the car without permission, and that the other driver is at fault for the accident. Be sure to provide all the details you have, including the fact that the police report is pending and will eventually clarify the unauthorized use.

Since the individual who took the car is now trying to sue your insurance, it’s important to ensure that your insurance company is aware of the full context. If the unauthorized driver refuses to communicate, your insurer will need to handle the situation, but you may want to follow up regularly to make sure the case is being handled properly.

It’s also crucial to ensure that the police report reflects the unauthorized use of the car, as this will help protect you in case of any disputes. If you’re concerned about the legal implications, consulting with a lawyer can help you understand your options and ensure that your rights are protected as the situation progresses. They can guide you through the process and provide clarity on how to address any claims or legal action that may arise.