Legal Question in Insurance Law in Texas

Insured driver, uninsured vehicle.

An insured driver backed up and hit my car, resulting in an estimated price of $2,500 in damages. The vehicle in which the driver was driving at the time was loaned to him. He has liability insurance, but only on his vehicle which is another not involved in ther accident. The driver's insurance does not want to pay for the damages because the vehicle involved in the accident is not on their policy. Who should be responsible for my car's damages and should the driver's insurance pay for my damages, when in fact on the policy it states ''this liability insurance may cover other vehicles and drivers'' as well? What should I do, am desperate for an answer. Please reply, Thank You!


Asked on 6/21/04, 9:59 pm

1 Answer from Attorneys

Dan Street Street Law Firm

Re: Insured driver, uninsured vehicle.

The policy on the vehicle is "primary" and would be the policy responsible for paying your damages. However, if that vehicle is uninsured, the driver's policy should pay. You may have to file suit against the driver in J. P. (small claims) court to get the insurance company to behave. Good luck.

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Answered on 6/21/04, 10:52 pm


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