Legal Question in Personal Injury in Oregon

auto accident injury and damages

if a person other than the owner or another insured party specified

by the owner in his policy drives a vehicle and has an injury or

personal property accident , whose insurance does the owner

claim - the unauthorised driver's policy or or the owners?


Asked on 3/11/03, 1:03 pm

3 Answers from Attorneys

David DenHartigh Attorney at Law

Re: auto accident injury and damages

I am not sure I can answer your question correctly because important information is missing. I would need to ask a few questions to clear up the ambiguities. Feel free to call me at 503-999-8333. David L. DenHartigh, Attorney at Law.

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Answered on 3/11/03, 1:22 pm
Todd Peterson Peterson Law Offices, PC

Re: auto accident injury and damages

In Oregon the insurance follows the car not the driver.

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Answered on 3/11/03, 4:37 pm
Sam Hochberg Sam Hochberg & Associates

Re: auto accident injury and damages

Normally in Oregon, as I noticed another attorney advised you, the insurance follows the car. However, in this case, the car's insurance probably won't cover this loss, since the driver was evidently operating the vehicle without the permission of the owner. That's usually an exclusion.

The DRIVER'S insurance is next in line to pay, if there is no coverage on the car itself, and should pay for any losses; however, if the driver was in the process of committing a felony (did the driver STEAL the car??), then THAT coverage is probably excluded as well. All you can do, if you're the claimant, is to contact first the car's insurer and then the other if that fails, and see what happens.

Good luck,

Sam Hochberg

www.YourInjuryLawyers.com

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Answered on 3/15/03, 4:37 am


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