Auto Insurance Claims: Permissive driver had accident in uninsured car owned by me, secondary insurance


Question
I own a car, which is an uninsured vehicle. I own other cars that are insured with full coverage.  I loaned the car to a friend who got into an accident, and since it was a rear end collision, I believe it's my friend's fault.  My friend has auto insurance.

As the owner of the car, am I liable (or primarily liable) for the damage to the other persons car and my car (which was also damaged?)or will my friend's insurance cover the accident costs?

Answer
Tony,

  Insurance follows the vehicle.  That means that you are the primary party responsible for the loss as the owner of the vehicle.  Luckily, if your friend has insurance, then that policy becomes secondary in the absence of primary coverage.  You will need to provide an "affidavit of no insurance" swearing that your vehicle did not have any coverage and provide that to the friends insurance company when the claim is reported.  Your friend's insurance is responsible for paying for damages caused by your friend's negligence.

   I hope this helps.