Legal Question in Insurance Law in California

will my friends auto insurance pay for this??

i lent my car to my friend because i was not driving it and did not have insurance. he has insurance on his regular car. he overheated my car and caused major mechanical damage. He did not get into an accident, just mechanical damage. QUESTIONS: 1. will his auto insurance pay to repair my car?? 2. does it matter if he just has liability and not comprehensive or collision? I am hopeful it will pay, since he was driving and damaged my property. But i dont want to tell him to file a claim unless insurance covers something like this. thanks!!


Asked on 4/10/06, 5:18 am

2 Answers from Attorneys
Steven Murray Steven W. Murray, APC

Re: will my friends auto insurance pay for this??

1. Maybe. While you are making a property damage claim against him for his negligence in using an auto, Ins. Code Sec. 11580.1(b)(6) allows an exclusion for property damage to a vehicle operated by an insured. Whether or not this is in your friend's policy can only be learned by reading it. (It probably is, but you can never tell.)

2. You have to read the policy's coverage - since the liability coverage is probably excluded, maybe your vehicle is covered under his property coverage.

In sum, the answer is read his policy before you decide what you will do.

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Answered on 4/12/06, 8:56 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: will my friends auto insurance pay for this??

You need the policy. This is probably not a comprehensive or collision claim. Liability coverage usually only applies to another person's car. However, some policies have mechanical breakdown coverage. This would be your best bet. To learn more about these coverages, you can read my blog at www.calpiblog.com or listen to my podcast at www.personalinjurypodcast.com

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Answered on 4/12/06, 10:45 pm


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