Auto Insurance Claims: Uninsured Driver using my car?, personal auto insurance, auto insurance policies


Question
Hi Mr. Carranza,

I own a car in Massachusetts with standard insurance.  My boyfriend occassionally uses my car.  He had insurance that recently expired. It was non-owner's insurance in the state of Rhode Island.  Now that it has expired, I am wondering if he drives my car, will he be covered by my insurance?  If he got in an accident, would my car be covered by my insurance for damages?  
What if he was deemed guilty for the accident? Would that change anything?  

I am asking because he rarely drives it, and doesn't go that far, but we don't want to take the risk of him not being insured/breaking the law.

Thanks so much!
Melinda

Answer
Just about all personal auto insurance policies provide coverage to the Named Insured (you and you spouse if you have one) while driving the owned auto (your car) and any non-owned auto (cars you do not own) as long as you are driving that non-owned car with the permission of that car's owner.

Your Insurance also provides coverage to anyone that drives the owned auto (your car) with your permission... that would include your boyfriend.

As far as damage to your owned auto there would be coverage for damage to it (regardless of fault) if you carry Collision coverage (you would pay your deductible out of your pocket and your insurance carrier would cover the remainder).  If the other party (referred to as the 3rd party) was at fault then you should be able to recover from his/her carrier with the fall-back being that your carrier would cover the loss if all else fails (subject to your deductible).

If your boyfriend while driving your car were in an at-fault accident your liability coverage for Property Damage (PD) would respond up to the limit of your PD coverage(s) for both you and your boyfriend (the coverage does not double).

Keep in mind that even though you may not be in the car at the time of an accident that as the owner of the car you hold resposibility as the owner so make sure you have adequate limits to protect you and any driver(s)...

I have handled Mass. losses during my career and know that Mass. has some quirky laws on the books but I am 99% sure that the above is complete/accurate.

Let me know if I can further assist....

ADD ON

Forgot to ask that you rate the above response in the various catagories with appropriate commentary.


Thanks