Auto Insurance Claims: permissive versus non-permissive use, snow bank, guy friend


Question
I borrowed my fathers SUV to mammoth on a policy by which I am covered as well.  One night we decide to take my car to a restaurant instead of a cab while it is snowing.  I get in the seat but asked a friend who has lived in Montana to drive us since she has more experience in snow.  While she is getting into the seat a guy friend says he can drive looks at me, and my friend says ok getting out of the seat.  I never asked him to nor really said anything, I was just scared of what might happen.  next thing you know we approach a stop sign, he isn't paying attention a couple of us point out the stop sign and he is driving a bit too fast, slams (i'm assuming) on the brakes and we skid across the intersection hitting a snow bank and telephone pole.  So who's at fault and who should pay with what insurance??? Please help

Answer
Hi Michelle-

This is permissive use because you allowed it.  Non permissive would be if you were asleep and they took your car without asking.  It would not matter either way in this case however, unless you are being charged to repair the telephone pole.  In California the insurance goes with the car no matter who is driving (unless a driver is specifically named excluded on the policy).  So your insurance company should pay for the car to be repaired.  The driver needs to take responsibility for any applicable deductible.  I don't think this accident will raise your rates because you were not driving.  

Sheldon Maughan
Sacramento, CA