Legal Question in Insurance Law in Pennsylvania

Auto Insurance Liability Pickle

I backed my girlfriend's Mother's vehicle into a parked car in a private parking lot. The vehicle I was driving sustained no damage, but the car I backed into sustained minor damages.

I had the police come and write a non-reportable collision report. I understand, now, that the insurance follows the vehicle and not the driver, but here's the twist; I did not have the explicit consent of the vehicle's owner to drive it.

Is her insurance company still considered ''Primary'' even though I was not authorized by the owner to operate the vehicle?

If not, would my policy cover me while driving a vehicle without the expressed permission of the owner?

Also, are there other potential legal ramifications for my lack of explicitly asking permission to operate her vehicle?

I've expressed interest in paying for the damages to the other vehicle out of pocket, as I do not want to burden my GF's family; but, having knowledge of the auto repair industry, the initial estimates seem a little on the high side. And I am afraid of being taken for another ride.

So it would seem that my only alternative is to turn to the insurance company.

Thank you for your time,

-Pickles


Asked on 9/04/07, 8:23 pm

1 Answer from Attorneys
Richard Teitell Richard K. Teitell, Esquire, P.C.

Re: Auto Insurance Liability Pickle

1. You may have had implied permission (e.g. your girlfriend had permission & gave you permission, or in the past you drove the car with permission) of the owner, in which case the owner's ins co is obligated to cover you.

2. If the owner's ins co properly denies coverage, your personal auto ins should cover you, but you should review the specific terms of your policy to see if there is any language under which your ins co could deny.

3. You can get a copy of the estimate & show it to a body shop you trust & see if they will fix the other car for less.

4. Good luck!!

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Answered on 9/04/07, 8:34 pm


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