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In Reply to: Ins. Coverage posted by Jack Seymour on June 04, 2003 at 08:37:15:
The general rule is that the insurance follows the vehicle. In message 1, your insurance would cover the damage to your vehicle and if your brother were liable for damage or injuries in the other vehicle, your insurance would pay first. His insurance would cover any excess liability, to the extent of coverage (eg - your limit is $50,000 for bodily injury, his is $100,000. Serious injury in the other vehicle. Other driver will settle for $100,000. Your insurance pays $50,000 - the limit - and your brother's insurance pays $50,000 - the excess)
In message 2, you are covered as above, but your daughter's boyfriend has no policy to cover any excess liability.
The excess liability portion gets sticky; insurance follows the vehicle, but liability follows the driver--it would be hard to impute the boyfriend's negligence to you unless it was an extreme case. Something like he was drunk, you knew it, and gave him the keys. Or he has no license and you knew it and gave him the keys. Both of those situations are possible negligent entrustment.
One last thing: your insurance would cover damage to your vehicle in either case. However for there to be any liability coverage (for other property and injuries caused to others inthe accident), the driver must have your permission to use the vehicle. This may be implied or explicit concent, but it must be there. If you told him under no circumstances to use your vehicle, then there would be no coverage under even HIS policy. He would be responsible personally for all damages, and your insurance company would come after him for what they paid on your car!
: Message: 1. If my brother drives my car and has an accident, who's ins.
: is involved? 1. If my daughter's boyfriend drives my car and has an
: accident and he doesn't have a car of his own - no ins., am I covered?
: