North Carolina  |  Personal Injury

Legal Question

Asked on: 1/27/13, 8:40 pm

A lady is trying to sue me for a hit and run car accident that I did not commit, my car was stolen and I wasn't involved in the accident. My car insurance has already gave her a settlement can she also sue me?

1 Answer

Answered on: 1/28/13, 12:21 pm by Brent Adams

Insurance coverage is complicated when there's a car accident with a driver using someone else's car. Typically, insurance "follows the vehicle" as long as the owner gives the driver permission to use the vehicle--of course in this situation, your car was stolen and it was operated without your consent. (Also, every policy has exceptions.) If someone else is driving your car with your permission and has an accident, the primary insurance is your policy. If this coverage is not enough, then the driver's insurance policy could be used as secondary coverage. Did the person guilty of auto theft have insurance?

Liability law and loaning your car hinges on whether or not the vehicle owner gives permission to another driver to use the car. Members of a vehicle owner's household are automatically covered with or without the owner's permission. In your case, since your vehicle was stolen, other factors may affect the case: State laws may affect the case depending on where the accident took place, where the driver is from, and where you, the owner of the vehicle, reside.

Let us know if you have questions for our North Carolina car accident lawyers.


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Brent Adams & Associates NC Personal Injury Lawyers 3200 Wake Forest Road, Suite 275 Raleigh, NC 27609

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