QuestionQUESTION: I live in the state of California. In 2004 I rented a moving truck and asked a friend to drive the truck and follow me back to the rental company to return the truck. Unbeknownst to me, my friend did not have any auto insurance and was involved in an accident in the moving truck in my apartment complex that totaled a neighbor's car. I tried to get my auto insurance to cover the accident, my insurance refused because I was not driving the truck (even though I paid for the rental). The neighbor's insurance is now coming after my friend and possibly myself (I have not yet been served the subpoena but my friend has been served) to recoup the cost of the damages ($16,200). As the responsible person who rented the truck and asked my friend to drive it back to the rental location, am I liable to pay any part of the monies the neighbor's insurance is trying to recoup?
ANSWER: Hi Sanie-
I'm sorry to hear about your issue.
From my understanding, yes you would be responsible. Many people don't realize that when insuance companies pay out they often then go after the responsible party to recover the money they paid out. They could even possibly garnish your wages if they win.
You may want to see if there is an attorney that could give you some legal advice.
I hope this helps.
Good luck to you.
yourfarmersoffice.com
---------- FOLLOW-UP ----------
QUESTION: If I am responsible for repaying the monies to the insurance company of the person who's car was totaled, shouldn't my own auto insurance step in and cover me? I carried the required insurance policy coverage for the State of California and yet my auto insurance refused to cover me as I was not the actual driver of the truck.
AnswerI would ask them to show you where it says that in your policy. The policy is actually a contract between you and your company so that is what is going to hold up in court.
If they can't show it to you then you should seek out the advice of an attorney.
Sheldon Maughan
yourfarmersoffice.com
