Uninsured friend driving my car and accident happend, what happens now?

Question

We were driving on highway and all of a suddent the truck ahead of us stoped because the car infront of this truck was going at a speed of 10 because she was playing with her phone (that is what the truck driver said).

Decision was quick and we passed both cars to avoid an accident with the truck; and my car trouched side of the 10miles/hr car. The cause of all of this was the 10 miles per hour car. Anyway she told police that she was going 40 mile per hour (lie). Accident looks like my car's fault but she caused it. Later the truck lady also stoped by to tell the policy that this girl was at max 10m/hr. Questions:

1) Since my friend was driving and he is not insured in my policy what is gonna happend to my insurance? Go up?

2) Is the fact that she was the cause of the incident ever be taken into acount either by the insurance policy or by the police?

Thanks in advance.

Answer 1

Your car - your insurance. All policies I have seen have clauses to cover drivers of your car. Depending on your history and previous claims, your insurance may go up.

Regarding question 2, was an accident report filed, and were there any tickets issued? If not reported you need to make sure the damage is minor enough that a report isn't necessary, as most states require filing if the amount is above a certain value. You need to make sure you have the names and contact information for all parties involved and report to your insurance company ASAP. They will provide advice and tell you what to do.

Good luck

Answer 2

Sounds to me that the only party that does not have any liability is the person who was traveling 10 mph.  No proof she was on her phone unless she fesses up either.  The guy in front of you did not have to just stop.  He could have changed lanes, or slowed down.  The adjuster will have to take his statement.  He may have been the proximate cause of the accident.  Your friend was obviously following too closely, if she was unable to slow your vehicle down to avoid hitting the stopped truck.  She apparently somehow managed to sideswipe the 'slow' vehicle.

Assuming that your friend was not an excluded driver on your policy, your liability coverage will pay for the damage to the other person's vehicle less whatever percent of liability they find on each  of the other parties, if any.  Since you were not driving, your insurance rates probably will not go up, but you should run that by your agent.

Answer 3

Obviously, you allowed this person to drive your vehicle.  This is considered permissive use & whether their insured or not....insurance would then follow the vehicle and your insurance policy would be responsible.

Your carrier should order to police report and take all witness statements prior to determining fault.  Hopefully the truck driver gave their info to the police.

Answer 4

1.  As far as who's at fault, you have a witness.

2.  Your policy should cover anyone legally (licensed) driving your car.  The only exception would be a member of your household who is not listed as a driver on your policy declarations.  Your friend does not have to be listed to be covered.

3.  If the other driver is determined to be at fault, there should be no payment by your insurance company, and no reason to increase your premium (not a "chargeable" accident).