Legal Question in Insurance Law in Georgia
My son who is in college gave car keys to an individual to have him give them to someone else. The first person who had the keys took the car and drove it. He had a wreck and totaled the car. My insurance company is paying the damages, I feel the guy who was not authorized should be responsible.
2 Answers from Attorneys
Why would you think that? Read your policy.
I agree but in a convoluted way. Your insurer may repair your car, then go after the bad guy ("tortfeasor") under what is called "subrogation." That way your car gets fixed or replaced while the whole thing is being sorted out. You are out your deductible in the short run but you are supposed to get paid that back when your insurance company gets the money out of the tortfeasor or his insurer, if the guy has liability insurance. Let them do it. That is why you paid those premiums.
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