Unauthorize driver in an accident

(San Antonio,TX)

My daughter (18) is not on my full coverage policy and took my vehicle without permission. She has a valid driver license but is not on my policy.

She does not live with me but spends a lot of time at my home.

She was involved in a minor vehicle accident without injuries. The accident was her fault.

Will my auto insurance pay for my car damages?


Answer:

Hello,

Well, most likely not. Most auto policies provide coverage for all drivers of the insured listed vehicle as long as they driver is not listed as excluded and the driver has permission to drive (this is referred as the omnibus clause of the policy).

If she did not have permission to drive, then chances are that there will not be coverage. In this case, you would want to establish consent, because if you did not consent, then the policy would not cover either your car or the damages of the person she hit, making her personally liable (and you possibly as owner of the car) to the people she hit.

Some states allow for implied consent. Did you expressly tell her not to drive or she simply was not allowed to drive because you never said she could? If there was not an express denial to the car, then there could be implied consent if she had driven before and she had access to the keys. An investigation must be done, and the insurance company will probably will have to establish if consent existed.

Good Luck
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