Legal Question in Insurance Law in North Carolina

a drivers' insurance claim or a car's insurane claim

I was driving my boyfriend's vehicle when I was at fault in a collision. I am not currently registered as a student so I believe I am not under my parents' insurance. My boyfriend's mother seems to believe that my father is lying when he told me that he contacted his insurance co and was told that I am not covered--one b/c i am 21 and not registered as a student and two, esp. when driving another person's car, that only my parents' 2 cars are covered; instead it is the insurance of the owner of the car I was driving. Is this correct? And what is my responsibility as the one who caused the damage if it is in fact my boyfriend's insurance. (his insurance has already been notified) do i just pay the deductible?


Asked on 6/09/04, 9:38 am

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: a drivers' insurance claim or a car's insurane claim

The question is very confusing. In particular, it is not clear the damages to which you are referring; e.g. bodily injury, or property damage? And if it's property damage, is it to the car you were driving, or to the another car? I will assume that you are simply talking about property damage to your boyfriend's car. In that case, the insurance companies will usually do the right thing; you are probably safe to defer to them. (I.e. if you submit it to your boyfriend's insurance company, and in fact your parents' insurer is supposed to pay, I'm fairly sure your b/f's insurer will let you and him know.) Anyway, I think what your father said is correct. I believe the coverage on your b/f's vehicle will cover the loss. That may not seem fair, but I believe it's the case. (Even in the case of liability insurance, the insurance on the vehicle is generally "primary.") And yes, I suppose you should pay the deductible.

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Answered on 6/09/04, 8:59 pm


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