QuestionLast weekend, my girlfriend took my car while I was out at a ball game with friends. Although we live together, I had no idea she would take my car as her license is suspended. She was upset with me going out, so she decide to go out too. On her way home, she rear-ended someone causing body damage to both cars. We live in Michigan. She was ticketed for OWI and driving on a suspended. Now the driver of the other car is calling the house to get insurance info and so is his insurance company. As my girl did not have permission to drive my car, and as she was driving on a suspended, I am fairly certain my insurance will not cover this so I haven't even called them. Is this something my insurance takes care of, or does my girlfriend just pay the deductible for the other car? Or does the other person need to sue my girlfriend to get the payment. My girl's only income is a small social security check as she is disabled. Any help you can provide is appreciated. Thanks!
AnswerI can only give you the appicable answer for "most" states as I'm not at all familiar with MI.
This is a very situation and should be reported to your insurance company immediately.
If your girlfriend is living with you, has no license and is not listed as a driver on the policy, the claim will likely be denied. The insurance company only received a premium payment for assuming you as a risk. Now, once the claim is denied, the other party may pursue you personally for the damages.
At this point, you will have two choices. Risk becoming personally liable for the damages. This isn't a good choice as she is charged with OWI. The most minor bodily injury claim in a OWI case can result in huge punitive damages in addition to the actual damages.
The only way that you can protect yourself from that risk is to prove that she did not have permission to drive the vehicle. Unfortunately, this will likely include you pressing charges against your girlfriend for auto theft.
This isn't something that you need to be trying to handle on your own.
