Legal Question in Insurance Law in Michigan
Auto accident-------am I covered?
I was involved in an auto accident while driving someone elses vehicle. This vehicle was up for sale and was sold to my inlaws two days prior to the accident by my wife (in other words, this car, prior to the date of sale belonged to my wife). approximately 2 days later the car was still at my home. on the morning of the accident my car had a flat tire so my plan was to drive the car to my inlaws home(which is on my way to work and approval) and drop the car off and then they could drive me to work. An accident ensued, with the car I was driving not being insured. I was not aware that my wife had let the insur expire. I have full coverage on my car with uninsured coverage. Am I, as well as others covered in this debacle?thank-you for your response.
1 Answer from Attorneys
Driving relative's car
First off, your questions about coverage should not prevent you from notifying your insurance carrier, as well as the insurer who did have the car covered. Don't try to hide any of the facts, though; be completely honest about the situation.
It's not clear whether you're worried about damage to this car, other cars, or liability if anyone was hurt.
Your own insurance typically would cover you for liability to others, when you're driving another car (with the owner's permission), under "non-owned auto" coverage. You need to review the language of the policy, with the help of your own lawyer, if your company disclaims coverage.
The usual issue in this situation arises from the definition of "non-owned auto." The fine print of this clause usually excludes vehicles which are available for "frequent and regular use" of the insured. So when you report this accident, emphasis how it was unusual circumstances which allowed you to use this car and after your wife sold it, it wouldn't be available to you.
The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.
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