The answer to whether policy follows the car or driver depends on many variables, most notably the kind of indemnity coverage being referred to. There are coverages that follow the car and coverages that follow the driver. In general, car indemnity follows the car rather of the driver, but the specifics of a claim can differ since indemnity laws and coverage vary depending on the policy, coverage and state being deal with .
Liability Coverage
Liability indemnity coverage on a personal car policy follows the driver no topic whose fomite is being operated, provided it is an eligible vehicle. All states, except for one ( New Hampshire ), require at least liability coverage. Liability coverage protects the cover ( i.e., follows the driver ) when the insure operates a vehicle owned by person else. In such a situation, they will even normally be covered under their own car insurance policy. however, the best principle of flick in looking for coverage under a policy is to begin with the exclusions.
While an “ insured vehicle ” may include a ally ’ sulfur or neighbor ’ sulfur vehicle or a rental car, if the vehicle was available for even function, it might be excluded. A “ surrogate ” fomite will credibly be covered, but in some cases entirely under circumstances where the see ’ randomness vehicle can not be operated for some specific argue, such as a repair. coverage might not follow anyone if the see is driving a fomite other than a “ private passenger vehicle not owned and listed on the see ’ second policy. ” There in truth is no such thing as a standard car policy anymore and coverage for non-owned autos will be unlike under some policies and non-existent under others .
Comprehensive and Collision
Comprehensive and collision car indemnity coverage, on the other hand, are tied to the cover vehicle ( they follow the cable car ). These coverages pay for damage that befalls the cover vehicle as a solution of an accident or vandalism. One could say that if you loanword your vehicle, you lend your indemnity. With comprehensive examination insurance which covers about everything, it is the cable car rather than the driver that is covered. This, however, requires many stipulations to be put in place, such as who is allowed to drive the cable car. If person other than the insured is driving a vehicle covered by comprehensive coverage and is not listed as a cover driver – even if the other person has license – the early person might not be covered in an accident. family members ( such as children or a spouse ) are broadly already included in the policy definition of “ insured. ” however, rarely will indemnity cover a driver operating a vehicle without the owner ’ s permission .
Other Drivers Driving the Insured’s Vehicle
When an insured allows other drivers to drive his vehicle, then, and only then, does the interview of whether policy follows the car or the fomite become even awkwardly relevant. The right question to be asking is not whether insurance follows the car or the driver, but whether or not other drivers will be covered by the insure ’ s car insurance .
unfortunately, there is no brilliantly line answer to the question, and it depends greatly on the language of the policies involved, the jurisdiction you are concerned with, and the specific facts involved. permissive use is broadly covered under the liability terms of an car policy. As constantly, however, there are exceptions .
There are surely indemnity carriers and policies that will not cover any driver not specifically named in the policy. other relevant facts include where the “ other driver ” resides and if they are related to the insured. In general, if person is living in the insure ’ south family and regularly drives the see ’ south vehicle, many indemnity carriers expect you to have that person named on the policy. They will need to undergo the same underwrite and qualification process as any other policyholder .
In some cases, if a family member is visiting and has permission from the insured to drive the kin vehicle, there will be coverage if there is an accident, but the coverage may be limited. All policies should be reviewed to determine if there are any exclude drivers and any limitations on coverage for anyone driving the cable car that is not specifically named on the policy .
When the policy of the fomite owner and the policy of the permissive user have different limits, the count becomes even more complicated. If the damages caused by the permissive drug user ’ mho negligence exceed the owner ’ s indebtedness limits, the policy of the permissive exploiter might be tapped as junior-grade coverage, but normally only where the permissive user ’ randomness liability limits are higher than the owner ’ s liability limits.
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The Insured Driving Someone Else’s Vehicle
In general, insurance coverage for an insured drive person else ’ mho vehicle is the coverage he carries for his own vehicle. The driver ’ s personal coverage will apply in most cases when driving a fomite he does not own. This includes any uninsured motorist coverage he carries and the medical portions of his policy. The driver ’ s property price coverage might carry over while driving another ’ s car a well, depending on the policy language, the respective limits of the two policies involved, and the facts. If a person drives his own vehicle without indemnity, he should not expect that he is covered when driving person else ’ mho vehicle .
certain factors must be considered in determining if an see is covered when driving person else ’ mho vehicle, including the reasons for driving the vehicle, if the see had license or not, or if it was a rental or franchise loaner. In each casing, the individual circumstances and state law involved will factor into the consequence, but another policy might be considered primary coil over the insured ’ south .
When an guarantee borrows a vehicle from a ally, the guarantee ’ s indebtedness coverage normally steps in only when the insured ’ second policy limits are exceeded. collision and comprehensive coverage do not apply to a borrowed vehicle. medical Payments ( Med Pay ) and Personal Injury Protection ( PIP ) coverage, as we will see below, besides follow the insure into a borrowed vehicle .
Med Pay and Bodily Injury Insurance
Med Pay and bodily injury policy are two other types of coverage that normally follow the person, not the car. Med Pay coverage pays for any injuries that an guarantee or his passengers may incur in an accident, regardless of who is at fault. such coverage normally follows the driver. It is based on people, not the vehicle. In fact, such coverage sometimes covers the guarantee when he is walking or biking. This coverage besides normally follows the driver when he rents a car, because the rental vehicle is a ersatz for the guarantee ’ sulfur own vehicle. however, Med Pay coverage sometimes follows the car. If the passengers in a vehicle don ’ thymine have coverage of their own, Med Pay and PIP coverage can extend to their injuries .
Drivers from Other States
Auto indemnity will broadly cover a driver from any country angstrom long as he has the see ’ randomness permission to operate the vehicle. however, this international relations and security network ’ metric ton always the lawsuit. In all instances, when person else operates the insured ’ randomness vehicle, the car coverage and policy terms may vary greatly depending on the carrier and insurance options selected by the insured. That said, if an see is driving a company/commercial fomite which has Med Pay/PIP coverage, that coverage is normally primary over the driver ’ s personal car policy, which will be secondary in terms of coverage. There are some exceptions .
Insurance Coverage When the Insured Is Not Present
In order for indemnity to cover an accident when the insured is not present, there will need to be comprehensive examination car coverage. The facts of each such sheath decidedly matter. If the driver is a relative, then most likely the absent insured ’ second indemnity will cover the accident. The driver besides needs to have had permission, express or implied, or the insured ’ south indemnity may not cover the claim, unless the vehicle was stolen. individual indemnity companies and policies may vary in involve to these rules .
Sub-Standard Policies
Cheap, sub-standard car carriers write indemnity for insureds with badly drive records. They are able to do this by setting their own restrict conditions under which they will provide coverage. These sub-standard carriers do not cover claims that would be covered under a more standard policy. These policies can contain “ named-driver exclusions ” which limit coverage to persons specifically named in the policy. “ decrease ” policies often lower liability coverage to a country ’ second minimal limits for permissive users, even if the guarantee pays for higher limits. Deductibles can be higher and/or a policy won ’ deoxythymidine monophosphate extend coverage to a rental fomite. Therefore, policy terms vary and directly affect whether a particular coverage follows the car or the driver .
So Does Insurance Follow the Car or the Driver?
As we have seen, this is normally not the properly question to ask. however, that won ’ deoxythymidine monophosphate prevent inquiring minds from asking – over and complete. An answer to the question that international relations and security network ’ thyroxine going to be universally correct, consequently, is that policy that follows the car normally has the vehicle listed in the policy. If anyone who has your permission drives the car, that person is credibly covered by virtue of the fact that the car is covered. however, as we ’ ve seen, this kind of insurance does not cover everyone. There are qualifications for the drivers covered. other types of coverage such as collision or comprehensive examination insurance will normally follow the car. These coverages will normally not “ follow the driver ” to any vehicle which the “ covered ” driver operates.
indemnity that follows the driver will normally be limited to some human body of indebtedness coverage .
When an guarantee drives person else ’ second vehicle, such as a rental car, a franchise loaner, or a ally ’ s cable car, he is normally covered for liability insurance. however, early policies which may be deemed “ primary ” over the insured ’ s personal car policy may besides come into dally .
consequently, a identical basic and frequently faulty answer to the incorrect motion is that car liability coverage generally follows the driver, while car physical damage coverage broadly follows the vehicle. however, more often than not, you will be asking the wrong question. a long as a driver has the vehicle owner ’ s license to operate the vehicle, the owner ’ mho policy will provide coverage no count who the driver is. The vehicle owner ’ second policy should cover injuries and place damage. however, exceptions do exist. In most cases, consequently, the correct question to ask would be “ Is there indemnity coverage under these specific facts ? ”