Legal Question in Insurance Law in California

Uninsured Motorist

I was in a fender bender last week and I'm an excluded driver under my parents insurance policy. Because of this, my insurance will not pay for the damages caused to the car I hit. The driver now wants me to pay for all then damages to her car. I asked her if she has uninsured motorist coverage, but she's going to let me know. My question is, do I have to pay for the damages if she does have the uninsured motorist coverage? If she does, can she still make me pay for the damages and do I have any other options I should explore? Thanks.


Asked on 9/24/01, 2:58 am

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Uninsured Motorist

even if she has a UM policy she does not have to use it and if she does the insurance company can sue you for whatever they pay her.

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Answered on 11/06/01, 10:33 am
Steven Murray Steven W. Murray, APC

Re: Uninsured Motorist

If the driver's insurer pays, they can then sue you to recover their payment.

Depending on the language of the policy, the owner of a vehicle may have a statutory liability for property damage. I think it is limited to $5K. Maybe your parents' liability can be triggered since it was their vehicle and their policy. Your being an insured as a permissive user could be barred by the exlusion for your driving, but I do not know if that automatically bars the vehicle owners' liability. If it doesn't then their is coverage for your parents to pay the damage.

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Answered on 11/06/01, 8:23 pm


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