No insurance coverage for accident in a borrowed car?

by Sheila
(Winchester, KY)

My friend let me take his car to a doctor appointment. I was in an accident close to the house. They said it was my fault. My friend had an insurance card that had a good date, but he had let his insurance lapse. In reality, he was not covered, nor was I as a driver.

The other person's insurance paid for his car, but now they have summoned me to court. I tried to explain it was not my car, so therefore I am not responsible, but that doesn't seem to matter. What can I do about this? Can they sue me personally? Is there anything I can do? Thank you for any information you can give.

Visitor Question:
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ANSWER for "No insurance coverage for accident in a borrowed car?":

Shella, Winchester, KY):

Your facts do not mention whether or not the person involved in the car accident was injured. The State of Kentucky is a no-fault insurance state. Because Kentucky is a no-fault state, the party involved in the accident was obligated to report it to his own insurance company.

Thereafter, the insurance company would be required to pay the insured driver for his damages, including medical bills, out-of-pocket expenses, and lost wages. Compensation for pain and suffering is not permitted in no-fault insurance claims. Also, property damage is usually not covered under no fault insurance.

It is likely you have been summoned to appear as a witness for one or two reasons...

The first may be the driver and his insurance company could not agree on a fair compensation payment for injuries, and the driver is suing his own insurance company for bad faith refusal to pay.

The second is over property damage. The driver may be suing the owner of the car for the repairs or replacement costs.

You can be sued personally. From the facts you present, you have not yet been sued. If you had, you would know it. You'd have already been served with a lawsuit naming you as a defendant. At this point there is no way to know if you will be sued.

Because you were responsible for the accident, there is a good chance you will be sued. The other driver will most likely be looking for a court order compelling you and/or the owner to pay for the repairs.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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