Auto Insurance Claims: car loaner deer hit no loaner agreement, loaner car, substitute car

Question
QUESTION: I had a loaner car from a dealership while my car was being repaired.  Hit a deer with their car.  I had no loaner agreement signed and they say that I am liable for the damages and my insurance says since there was no agreement signed my policy excludes coverage and the dealership must claim under their policy. The dealership now says they are taking it to court.  The dealership tried to get me to sign a loaner agreement when I came to pay for my car after the fact and after I hit the deer. I did not sign it because it was after the fact.  What should I expect to happen?

ANSWER: The first thing you should do is carefully read the policy booklet provided by your insurer.  Policy language varies by state and by company so I can't give you a definitive answer.  In most cases, the loaner would qualify as a "temporary substitute car" regardless of whether or not there was a written agreement, and your comprehensive coverage would pay for the damages.  I am assuming you have comprehensive coverage on your policy.  But read the policy booklet to see if there is a specific exclusion.

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QUESTION: I am going to go through my policy as my insurance says there is an exclusion for it as long as the dealership has coverage.  The dealer does have coverage but say they are choosing not to use it (as they say) and my insurance is to cover it exclusion or not.  Written rental agreement or not.  Most things I have read says that there has to be a rental agreement.  I am in MN and dealership was in IA.  I do have comprehensive insurance. My insurance said they will be going to court, if needed, and hire the attorney on my behalf and theirs.  I don't like it as I am the one that is going to be named that they are going after not the insurance.  I do not want to be responsible to have to pay this out of my pocket.

Answer
Ok, now I understand.  They are not excluding coverage.  Your insurer is stating that they are secondary coverage and the dealer coverage should be primary.  They are probably correct.  They have promised to defend you so you have nothing to worry about.  Worst case scenario, the insurer loses in court and they pay.