Legal Question in Insurance Law in California
insured driver in an uninsured borrowed car
I borrowed a friends car for work for just one day while my vehicle was in repair shop. On my way home, I was hit by a vehicle who ran a stop sign. 100% other parties fault. Turns out my friend has no insurance on her car. I on the other hand, am insured with a large,reputable ins. co. Wouldn't my inurance policy cover me in an uninsured vehicle? The car was totalled so I bought my friend a used, inexpensive car comperable to what she had thinking I would be reimbursed. At this point I have medical bills totalling $8,000, the car which cost $3,800 and lost wages of $2,300. I was told by the party at faults claims adjuster that I have no claim other than medical reimbursement. Do I have any argument in this situation?
3 Answers from Attorneys
Re: insured driver in an uninsured borrowed car
Yes. Your argument is that your friends car is a "temporary substitute" for your vehicle and covered under your policy. The fact that you had your own policy at the time of the accident gives you full recovery rights including "pain and suffering". The adjuster is wrong. If he/she persists, you need a lawyer.
Re: insured driver in an uninsured borrowed car
Your Insurance Company should cover. If they persist that they are not liable, you could proceed with an arbitration procedure against your carrier and compel them to pay for your pain and suffering, damages, attorney fees (if you prevail). call us at 213.388.7070 for a free consultation about your case.
Re: insured driver in an uninsured borrowed car
The adjuster is wrong. If you want to deal with this yourself, you can ask your insurance agent for a letter confirming coverage while you are in a "temporary substitute vehicle." (Think of it as if you had rented a car from a rental car company. You would have coverage then, so you should have coverage now.)
If the adjuster still won't listen to you, then you need to contact an attorney.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
