Friend Wrecked My Car

[Darrock]

When your vehicle was in a accident with my friend driving and me myself not present does my insurance company pay for my vehicle as well as the person that my friend hit?  Also since the police did not give out a ticket to either driver does the insurance company have the right to hold the claim and not even issue a claim number until they get a copy of the police report?

ANSWER: Hi Joey, as long as your friend was driving your vehicle with your permission your insurance company will afford coverage.  As far as the claim number goes, it doesn't matter if any tickets were issued.  The insurance company is investigating the accident to assess who is at fault before they begin to process any and all claims.  Before I can give you any further information I need to know how and where the accident occurred.  Was your friend at fault?  Were both drivers at fault?  Does your friend reside with you without being listed as a driver on your policy?  Let me know.

---------- FOLLOW-UP ----------

I had just bought a truck in Ststaham GA the day before and he was bringing back home for me. He was turning left and the lady went around a van and hit him  going about 75(speeding) no tickets were issued. Our fiend driving the car was knocked about 30 feet into uncoming traffic. The problem is this is a drift custom made car, where we had it appraised so its worth 13k book value $4200 so statefarm is stalling with us and wont allow us to tow the vehicle into a repair shop. So I was wondering where does the law stand with this issue and where can I find the law in reagrds to this situation. I know I will be out my deductible with him turning left but can they deny the rest of my car damage is my biggest concern. I am trying to sale the car currently!

[Davion]

Hi Joey, the left turn against your friend immediately puts him in the wrong but given the distance that he was pushed puts some liability on the speeding car that hit him.  The other driver was most likely behind the van and veered to his right in order to pass him and thus was invisible to your friend when he started to make his left turn.  The other vehicle is probably around 30% at fault.  The insurance will not pay any more than the book value of the car in any event.  As long as that car was listed on your insurance policy and your friend was driving it with your permission then the insurance company will have to honor the claim.  They are most likely in the process of obtaining the police report of the accident to see if they can get some money back from the other driver's insurance company and I suggest that you attempt to do the same.  Until your insurance company finishes their investigation and possible negotiations with the other person's insurance company you are going to have to sit tight and certainly DO NOT sell that car before your insurance company and possibly the other person's insurance company have had the chance to look at it and take pictures of it.  If you carefully read your insurance policy under "claims proceedure" and "actions against company" sections you will find out the time limitations that come into play in an accident.  Stay in touch with your State Farm agent for progress updates.  He earned a commission for selling you the policy and it is he who should do the follow up on the claim and also explain any undue causes for delay in the processing of your claim.