Liability Coverage
Liability insurance coverage on a personal auto policy follows the driver no matter whose vehicle is being operated, provided it is an eligible vehicle. Every state except for New Hampshire requires minimum liability coverage. Liability coverage protects the insured/follows the driver when the insured operates a vehicle owned by someone else. In this situation, they typically are covered under their own automobile insurance policy (if they have one).
The Insured Vehicle & the Insured
An insured vehicle may include a friend or neighbor’s vehicle or even a rental vehicle. If the vehicle is available for regular use, it could be excluded. Replacement vehicles are often covered, but often in circumstances where the insured’s vehicle cannot be operated for a specific reason, such as repair. Coverage may not follow anyone if the insured is driving a vehicle other than a “private passenger vehicle,” not owned and listed on the insured’s policy.
If both comprehensive and collision auto insurance coverage are tied to the insured vehicle, they follow the car. This coverage pays for damages such as an accident or vandalism. This coverage also requires many stipulations to be in effect such as who is allowed to drive the vehicle. If someone other than the insured is driving a vehicle—and is covered by comprehensive coverage but not listed as a covered driver—the person might not be covered in a claim. However, family members, such as children or a spouse are generally included in the policy definition of “insured.”
Medical Payments Coverage
Medical Payments Coverage is a type of coverage that usually follows the person operating the vehicle. Medical Payments Coverage compensates you for any injuries that an insured or their passengers may incur in an accident, regardless of who is at fault. This type of coverage typically follows the driver and is based on people not the vehicle. This also may cover the insured when they are a pedestrian or bicyclist. Medical Payments Coverage may cover you when operating a rental vehicle which is a substitute for the insured’s own vehicle. However, it is going to be dependent on the specific policy language.
We Can Help!
Whether or not a driver other than the owner is covered is a difficult question and typically will depend upon the insured’s insurance policy language. It is very important to review the facts and the policy language to determine if there are any excluded drivers and any limitations on coverage for anyone driving a vehicle that is not specifically named on the policy. If you have any questions or concerns about coverage, it is best to talk to a Phoenix car accident lawyer to receive clarification. For more information, call Simon Law today at (480) 745-2450.
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