Auto Insurance Claims: accident that wasn, secondary policy


Question
QUESTION: my friend was driving my car i thought i had insurance on my car was getting it online which i thought was complete so at it time of the accident i didn't have coverage. another car was involved since i didn't have insurance can he it file the accident for both cars on his insurance or at least the other person car, or will i be responsible for everything.what can i do?

ANSWER: Gail,

  Whoever was at fault is responsible for the damages.  If you don't have insurance and your friend was at fault, then both you and your friend are jointly and severally responsible for the damages cause.  If the accident was not your friends fault, the the other person's insurance (if they have it) should handle the claim.  I'm sorry I can't offer better information, but I would have to know the State where this occurred and have a little bit better description of how the accident occurred.

JP

---------- FOLLOW-UP ----------

QUESTION: The accident happened in North Carolina, the accident was my friends fault,i didn't have insurance on my car but he has insurance on his car,which he wasn't driving, so can he file the accident on his insurance? what do i need to do or what can i do? So i want get left being responsible for everything cause now i don't have a car, that i am still paying for. I haven't heard from the other persons insurance,so i don't know whats going on.I do thank you for your time!

Answer
Gail,

  You'll need to obtain or generate an affidavit of no insurance to provide to his carrier.  If he had insurance on another vehicle, then he has liability coverage for operating your vehicle.  Your policy (the one that doesn't exist) would have been primary, and his is secondary in the case yours is no good.  It's good news.  File the claim on your friends policy and prove to them that you didn't have insurance.

JP