Borrowed Car, no PIP coverage? | What do I do now?

by Ralph
(Houston, TX)

My girlfriend borrowed my car and got into an accident that was determined to be her fault by my insurance company.

I declined PIP coverage, and on her own insurance policy she also does not have it. My question is this, can she file an uninsured/underinsured motorist claim against my insurance because I did not have this coverage and she was driving my car?

Both of our policies have this coverage, so which one would be the one to file with?

We do not live together and are not on each others insurance policies because we don't typically drive each others vehicles.

Answer:

It appears that she would not have coverage here. It’s best that you talk to a lawyer. PIP is a no fault base coverage, therefore, she would only be covered if she is involved in an accident.

However, if she is injured in an accident where she is at fault, uninsured motorist bodily injury will not apply (as she is at fault and this is a fault based coverage). She can try to use her health insurance for that.

You really need to get that coverage (so is your girl friend) this is exactly why that coverage is crucial!

As always, it is very important that you talk with a local attorney!
Good Luck,
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