Any Law Knowledgable People Here? Insurance Question

My wife and I have separate insurance policies on our cars.

She was borrowing my car.

She hit someone, causing minor damage.

My insurance company doesn’t want to cover it because she wasn’t on my policy.

Anyone know anything about this stuff? I’m basically clueless in this department.

i believe that marital status sets up some sort of tenancy in common that would supercede the insurance policy in some aspects… but then again that depends… what insurance company? it would also matter chronologically, insurance policy creation vs. marriage date.

also, i’m a computer nerd so wtf do i know.

Check you binder. There may be an exclusion if somone else was driving, but normally it is worded as exclusionary if the driver didn’t have permission.

it is my understanding that you insure the car not the person.i think also that because she was not acting as your representitive that it might be up to her in sureince to pick that up … kinda like saying that you came over to my house and asked to borrow my car to go to the mall. you are acting on your own decission , but if you came over and i said i need you to go to the mall and get this for me here are my keys. you are now acting in my behalf and i think that my insureance now has to cover you… i am going through an accident suite right now and i remember the lawyer saying something on those lines. so i think if you tell the insurance company tha she was acting on your behalf that they have to cover it but wtf do i know

that is what a tenancy is basically… that the married couples’ individual actions account for the couple as a whole.

I fucking hate this shit.

Thanks for the replies.

There may be an exclusion if somone else was driving, but normally it is worded as exclusionary if the driver didn’t have permission.

Pardon my ignorance, but I’m not sure what you mean by this…you’re saying they don’t have to cover her?

I think this is all correct. I have had up to eight cars at one time and my insurance agent used to explain that I was paying full price on each car (like I could drive all of them at once) because I could theoretically loan them out to friends to drive and I still needed to be covered.

Do you have one of those cheap ass insurance companies? From what I understand they’ll do anything to deny paying a claim, including this BS.

Exclusion, means they don’t have to pay. If somone else was driving and didn’t have permittion then they don’t have to pay, If they had permission then they have to pay. Thats what liberty mutual say at least

I was on Safe Auto.

What’s funny:

I was letting my Safe Auto policy drop and starting on my wife’s State Farm policy. We’ve had this planned for about a month. Today is the day that I moved to State Farm. Talk about timing.

Thanks for all your feedback. Looks like I might be paying for this out of pocket (or going to small claims court).

If your wife had permission they can’t deny it.

Safe auto is a joke and their commercials are fucking gay.

Yeah SNS, I totally agree- I’ve been with Safe Auto since I was a teenager and just never moved on…I guess I was comfortable. Seems to be biting me in the ass now.

Thanks for all the responses. I’ll let you know how it all turns out.

I’m an attorney but not really that familiar with the particulars of this area. I do however remember my state farm agent telling me once upon a time that I was covered no matter who’s car I was driving, so if your wife was covered by state farm I would think her insurance would cover it. But then again it was a few years back I was told this so things may have changed.