Whose insurance applies the car owner or the driver?

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Insurance Coverage

In my experience as an auto insurance adjuster, the car carries the insurance. It would tie up the courts if settlements were partially on the vehicle and partially on insurance carried by the driver. If your car is involved in an accident while being driven a person who does not have your permission (as the Named Policy Holder) it is possible that your insurance company, after an in-depth investigation, including sworn statements by you, may try to subrogate against the unauthorized driver's insurance.

Here are more opinions and answers from other FAQ Farmers:

  • I think this question could vary state to state. However, in WA, the insurance on the vehicle is primary, and if the drivers has insurance on another vehicle, or a broad form policy, theirs is secondary. Hope that helps, just my 2�.

  • The vehicle's insurance is primary. If liability insurance on the vehicle is inadequate your own policy will come in as secondary and protect "YOU".

  • The driver's insurance applies. Think of this: how can you lower your insurance premmium: you, the driver are experienced, good river (no accident, etc.) As soon as I add my daughter to my policy, it changes to inexperienced driver and not good driver category! SAME car....!

  • The insurance follows the car. That is the general rule. However, in some states, there is case law that will hold the owner's and driver's insurers coprimary for liability coverage IN SITUATION WHERE THE DRIVER IS USING THE OWNER'S CAR AS A TEMPORARY SUBSTITUTE VEHICLE. Generally though, the driver's policy is excess or secondary.

There is an excess clause in nearly every auto policy. One particular Auto Insurance carrier is famous for trying to deny coverage based on this excess clause. But, as far as I know EVERY company's policy language includes this excess clause.

In MOST cases, where only PD or MD (property damage or material damage) are involved, companies will agree to pro rata shares of coverage.

The above-mentioned carrier tends to dig their heels in the sand, however, and prolongs the handling of such claims, which nearly ALWAYS translates to a costlier claim process.

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First answer by Chris. Last edit by Chochollyk. Contributor trust: 137 [recommend contributor]. Question popularity: 314 [recommend question]

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