Auto Insurance Claims: car accident, auto insurance policy, independent witness

Question
HI,
my 19 year old daughter was involved in a car accident recently.  She was not the driver but a passenger and was hit by another car directly on the passenger side.  The other car involved was totaled, and the Jeep that she was in sustained notable damage on the passenger side.  The driver of the Jeep was not licensed to drive in NY but the car was insured.  Who would be liable?  The owner of the Jeep or the owner of the car that hit my daughter?  She sustained a leg contusion and neck injury.  Who should I hold responsible for this if anyone.  Thanks in advance.

Answer
Hi Michelle,
Once fault is determined, her claim is against the party who was at fault in the accident.
Many times when there is no police report and no independent witnesses (people that are not occupants of either vehicle), full fault can not be established because each driver will give a report to their own insurance company that is worded in such a manner as to place all blame on the other driver.  Without a police report or independent witness statement, each company is required by law to accept their clients statement as being fully truthful.  These cases are usually settled on a 50/50 basis, meaning that your daughter can only collect 50% from the other driver.  There is also a strong possibility that the owner of the Jeep had a restricted 'named driver' policy and there is no coverage for other people that drive the vehicle.  This means that the driver would have to turn to his/her own policy for coverage or to his/her parents policy if he/she is named on their policy as a resident relative driver.
If your daughter is a named resident relative driver on your  own auto insurance policy or if she is an unlicensed resident relative in your household, then you need to immediately report this accident to your own insurance company.  As a resident relative, your daughter is covered while a passenger in any other automobile.  Your own policy would come into effect immediately to fill in any 'gaps' in coverage on the Jeep (it might not have medical coverage) and remain in the background as additional coverage for other coverage such as uninsured motorists and underinsured motorists coverage.
Once fault is determined and the status of insurance on the Jeep is confirmed, You probably will have more questions.
Please feel free to send me follow up questions as they occur.
I hope this has been of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area 12-09-07 9:40 AM PST