Auto Insurance Claims: Friend used car got into accident, collision coverage, grand theft auto

Question
QUESTION: I was in Hawaii a friend of mine used my car and did not tell me.  He called me told me he was in an accident. A car swerved towards him and he avoided it and said he jumped the curb and landed very hard on something.  He said reflectors went into the engine of the car and now the car does not want to work at all.  Now can he claim this on his insurance?

ANSWER: Hi Lawrence,
Sorry to learn of your misfortune.
I must assume, based on the circumstances, that your friend had previously used the car with your permission.  He either had a set of keys or had access to you home and knew where the keys were kept.
The courts and insurance law have determined that in cases like this (prior previous permission and knowledge where keys were kept or own set of keys), he doesn't need permission each time that he drives your car because he already has "assumed consent" based on prior usage.
In all states, the insurance follows the car, so this claim will be filed against your policy with your statement that the friend had permission to use the car.  If your friend gained entry into your home by FORCE and then stole your keys and took the car, you can file charges of grand theft auto, allow him to be prosecuted to the fullest extent of the law, and your insurance will cover your damages under the comprehensive portion of your policy.
Otherwise, this loss will fall under the Collision portion of your policy.
If you do not carry collision, but your friend has a policy with collision coverage, that portion of his policy can move over to cover your car providing he does not reside with you and you did not leave the car "in his care and custody" while you were in Hawaii.
I hope this information has been of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area

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

QUESTION: Well he lives with me but I never said he could use my car.  Now being a friend I am trying to figure out how this issue can be addressed and I don't want my insurance to go up.  Can he just call his insurance and have them pay for it?  The car is honesty a complete loss.

Answer
Hi Lawrence,
As I stated before, the insurance follows the car.  Your friend can't present the claim to his own company.
If you have given him permission to use the care before and he knew the location of the keys, he automatically had 'assumed consent' to drive your car and didn't need permission each and every time he used it.
If your friend is not named as a driver in your household and listed on your policy, your insurance company has the legal right to deny the claim in it's entirety.
Your friend can't expect any payment from his own company because he is a resident of the same household.
This could result in full payment coming out of the pocket of you and/or your friend.

Bennie