Denying Claims

[BKM]

I would like to know if I could be held responsible if both insurance company's denied a claim on an auto accident?

I was driving a truck and a car had swerved into my right front tire connecting with his left rear door. This sent the car into a spin and into a guard rail doing good damage to the car, but it was still in drivable condition.

Now I'M sure my company's insurance company will denied the claim due to the fact that the other driver was at fault.

This was not the car drivers own car, he was borrowing it from his brother. If his insurance company denies the claim due to the fact that his brother was not insured to drive his car, can I be named in a lawsuit in anyway down the road?

[stan03]

Can I ask you a few questions? 1. Did anyone try to make a claim against you yet? 2. How much do you think the damage was? 3. Was there a police report?

[BKM]

1. No, and I'M not sure they will. But you know there are two sides to every story.

2. More then 5k, but under 10k to the car and zero to the truck

3.Yes, NJSP

Thanks

[stan03]

After thinking about this I would like to bring to your attention one very important fact. Most, if not all, automobile insurers require that you contact them asap, sometimes within 48 hours, if you were involved in an accident no matter how minor. This is true regardless of which party is at fault. You should read you policy and the back of your insurance card as some insurers mention this requirement on the card.

Contacting your insurance company promptly allows them to investigate the matter and take measures to protect you legally. This is why you carry insurance. Insurance is not only there to pay claims but to defend you in court and protect you legal interests.

The fact that the driver of the other car was not the owner should not make a difference here. If the driver's brother gave him permission to drive the car then there should not be a problem with insurance coverage. It is ok to lend your car to someone else - this usually will not affect insurance coverage.

[BKM]

Thanks for the reply.

I'M a company driver and I'M sure my boss has reported this to the insurance company.

I thought that any person driving your car/truck needs to be on your policy?

If that is the case, I thought the insurancy company can deny your claim as your not insured?

If they do that, I'M asuming they would try and come after me?

[BKM]

Update: It's been two years since the accident and I haven't heard anything from ether insurance company or the other party. I would assume that nothing can happen now and there is a statue of limitations on filing?