My Friend Crashed My Car
Setnor Byer Insurance & Risk
Auto Insurance, Car Insurance, Auto Accidents
At one time or another, most of you have let a friend borrow your car. Unfortunately, many of you probably weren’t thinking about insurance coverage as you handed over the keys. So what do you think, if your friend gets into an accident while driving your car, would your automobile insurance cover it?
As always, the first place to look is the insurance policy. Standard auto insurance policies have permissive use clauses that extend insurance coverage to those who had the owner’s permission to use the car. These clauses are intended to benefit and protect the general public and innocent victims of automobile accidents.
Though policy forms vary, permissive use (a/k/a omnibus) clauses are often incorporated into that part of the policy that identifies who is insured under the policy. For example, a policy may state that any person using the automobile is considered an ‘Insured Person’ if they have the owner’s permission to do so.
Permission to use an automobile can generally be either express or implied. Express permission must be of an affirmative character that is directly and distinctly stated, and clear and outspoken. Express permission cannot be merely implied or left to inference.
Implied permission, on the other hand, involves an inference arising from a course of conduct or relationship between the parties in which there is a mutual acquiescence or lack of objection which signifies permission. Implied permission is typically determined from the facts and circumstances in a particular case...
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, Auto Insurance
, Car Accidents
, Car Insurance
, Conversion Rule
, Friend Driving Car
, Implied Permission