Borrowed car hits me. How do I cover damages?
I am frustrated and don’t know what to do.
An online poster writes– “4 months ago an uninsured driver hit my car and totaled it. I didn’t have uninsured motorist insurance at the time. (stupidity on my end)
The other driver was driving her boyfriend’s car (he had insurance) but there was a coverage issue with her driving.
For 2 months the claims adjuster would never call me back. 3 days ago I learn he is no longer working there, and my claim was handed over to someone else!
She said she needed a copy of the summons and police report.
Should I be suing the insurance company too??”
MATT (Skaug Law attorney) ANSWERS:
There is a lot going on in your question, but here is a breakdown of what I would advise:
1. An insurance company loves to delay things
It’s a negotiating tactic they use to wear down opponents. Delay tactics include switching adjusters, not calling you back, claiming they didn’t say what they said on the telephone.
It’s all very frustrating, and very deliberate.
Even though they are your adversary in a car collision case, the insurance company still needs the information about your wreck including medical records, medical bills, police reports, photos, etc.
Holding back that information will only delay payment on your claim. Get that information to them and make sure you keep copies for yourself.
2. Don’t rely on phone calls
Document everything in writing using emails or letters to the insurance company and keep copies. When the insurance company has something in writing, it makes it more difficult to weasel out of doing something on your claim.
If the insurance company continues to play games, call an attorney.
An insurance company pays attention to attorneys and their letters.
3. Under Idaho law, the owner who lends a vehicle to a careless driver, is responsible for the damage the careless driver causes
If someone is authorized to borrow the car of another, then the auto insurance of the car owner will cover damages caused by the authorized driver if they do not have enough or any insurance.
Sometimes, insurance companies play games and deny that responsibility. Don’t back down.
Don’t let an irresponsible driver make life decisions for you
This scenario is the exact reason why every Idaho driver needs uninsured and underinsured motorist coverage.
Without these coverages on your own vehicle insurance, you are hoping the driver who hits you will do the right thing and
- have insurance coverage.
- have enough coverage to pay for your injuries and damages.
I don’t know about you, but I do not want to leave those decisions in the hands of someone else when my loved ones and I will have to deal with the consequences.
Get these coverages with your own insurance. They do not cost much more and they provide protection from cases like this.
We are attorneys, not salesmen
You can speak with one of our attorneys for free on your first call if you have questions about your car wreck and injuries—or any injury.
We will tell you where your case stands and the options available to you.
You can also download a free copy of our Wreck & Injury Guide. Visit skauglaw.com/wreckguide to download Sneaky Adjusters, Medical Mazes and Insurance Company Tricks.
–Matt Andrew, Attorney at Law