Auto Insurance Claims: Someone else has an accident while driving my car, car owner, responsiblity

Question
Richard,

My girl and I are driving each others car, confusing but there was a valid reason.

She was following me while driving my car. A car ahead of us hits the brakes and is hit from behind. I stop without hitting anyone. (Note: I am in my girl friends car). She stops without hitting me. A truck behind her strikes her in the rear. (Note: she is driving my car). This impact sends the car she is driving into the back of the car I'm driving.

The truck leaving the scene of the accident immediately. There is no noticable damage to the back of the car the truck ran into. (A frame mounted tow receiver sticking out from the car is what was stuck )

She has full coverage but the insurance company is saying at this time that I will be will have the accident attached to my insurance not hers and that my rates are going to go up.

I'm confused as to how the car owner is charged with the accident rather then the driver and why my insurance is taking full responsiblity instead of the driver of the car. Especially since the truck that hit and ran is the one that caused the accident to both of us.

What I'm being told is that the car owner assumes the responsiblity.  So pretty much I didn't hit anyone but am the one having to pay for everything.

Is this normal? It seems that I should be getting a lawyer to make sure that the insurance company goes after the truck as the cause instead of me.

Answer
Hi Kevin,

I know this can be confusing. Auto insurance follows the insured vehicle not the driver. So regardles of who you let drive your car it is your insurance that is in play in the event of an accident and it is your premiums that will be increased in the event that another driver in involved in an accident while driving your car. So your insurance will pay to repair your girlfriends car.


As far as the truck that actually caused the accident, there must be proof that another vehicle was involved. As you stated there was no damage to the rear of your car. Unless there were independent witnesses who would be willing to provide a statement to your insurance company, stating that they actually saw the truck hit the rear of your car and then take off or if you got the license plate number, your insurance company will not take this into consideration.  If you did get the license plate number then you need to cll the police report to file a hit & run report. If all of this is done and the police learn the identity of the trucks driver, then you can have your insurance company classify this as an uninsured motorist claim, if you have that coverage on your policy.

I hope this helps
Richard Hixenbaugh