Auto Insurance Claims: Property Damage Liablility, Bailee claim

Question
A truck struck and detroyed the brick entrance to our neighborhood.  The truck is owned by one of our homeowners but was being driven by someone that had just detailed it and was returning it to him.  His insurance company was cooperative at first, but when the estimate for repair came back we were told they would not pay the claim and we needed to go after the driver and/or detailing company.  Is this correct or are they just trying to avoid the claim?  I was under the impression that in the state of Alabama it was the vehicle that is insured, not the driver.

Answer
I can't speculate as to the intention of the insurance company, but I can say that you are right as far as insurance following the vehicle.  Primary coverage is afforded by the policy on the vehicle first, then if there is not enough coverage, the driver's policy would kick in as a secondary/excess policy in 99% of the cases.  

In this particular instance, we have a bailee situation and those can get tricky.  Without reviewing the controlling policies, I could not answer for sure, but it is a safe bet that the vehicle owner's policy remains the primary coverage.  I think I would ask the insurance company directly whether or not they feel they are the primary carrier, and if they say they are not primary, I would ask them to explain to me why.  

I'm sorry I couldn't be of clearer assistance.  If you want me to delve into it a little harder, then provide me with the insurance policy that the owner of the vehicle had in effect and I can tell you exactly whether or not the owner's insurance company is primary.

Sincerely,
JP