If you have all of his insurance information and a police report and the stars are in alignment, yes. The insurance company is SUPPOSED to pay, even if the driver was doing something incredibly stupid, like driving while impaired. If the drunk is insured AND has some property of his own, the chances are pretty good that you'll be treated right. Call his insurance company and be cordial, asking how to get his car repaired/replaced and what kind of rental car he'll get while his is in the shop. If you get ANY resistance, hesitation or even reluctance to offer a rental car, suggest that your attorney will have to take care of this. Don't let them walk over you. You have the right to get your vehicle repaired and not be inconvenienced while it's being repaired. Don't be abusive or threatening, but don't put up with nonsense either. They're obligated, and you did nothing wrong.
Some insurance companies will try to turn it all around and make YOU feel like you're doing something wrong. Tell them that you'l let your attorney deal with it. Then, instead of paying an attorney, go to the state insurance board.
I disagree with the above statement. Most auto insurance policies will have an exclusion for something called "intentional acts" which includes if the At Fault driver was drunk. If your car was insured for collision and comprehensive coverage, your own insurance would cover the claim anyway and Behind the Scenes may try to collect against the at fault driver through what's known as a subrogation claim. So if you were insured with collision/comp coverage, then it doesn't matter what kind of coverage the other driver had and whether they were drunk and had their coverage denied.
If a person is driving a car and he/she is uninsured but the vehicle in which he is driving is registered and insured to another individual, the registered owner is liable for the damages to the other pwesond's vehicle.
If the uninsured driver had the permission of the insured driver to operate the vehicle then NOTHING will happen to the uninsured driver. In fact, in this case he or she is not an uninsured driver at all. The insurance follows the vehicle first, the driver second.
As far as states go I know in Utah it is the vehicle not the driver that is insured.
No direct answer, as this all depends of the level of cover of the insured driver.
Is driving without insurance
what damages? to the car? if the car is insured that insurer (assuming coverage is available) will handle that damage, if you mean you were injured driving an insured vehicle....it depends on a lot of things...more info regarding status of drivers, vehicle, fact of loss, etc.....and perhaps i can be of more assistance...
Both the Driver and the Owner are liable for the damages. The driver, whether licensed or not is the primarily liable party. The insured passenger owner is secondarily liable for damages by the unlicensed driver he permitted to operate his vehicle.
== == In the event that you got into a car accident and it was not your fault but the other driver's, if he is insured, his insurance company is liable to pay for the damages of your vehicle. On the other hand, if the other driver is not insured, your own insurance company, provided you have a policy regarding uninsured or underinsured drivers, will be responsible for the damages your vehicle has incurred. They however, may have a right of action against the person responsible for the accident. The person who caused the damage to your vehicle is ultimately responsible for the damage to your vehicle regardless of whether there is an applicable insurance coverage or not. Whether you actually have the repairs done is none of their business.
The Driver "and" the Vehicle Owner are both jointly and severally liable for all damages. She should contact her Insurance Agent for advice as to whether or not the Auto Insurance Policy will provide coverage for the unlicensed driver
Depends on the state laws. Typically driver insurance coverage is extended to any driver of the vehicle insured. Insurance covers the vehicle and any legally licensed driver with permission to operate the vehicle.
If the accident was caused by the uninsured driver than the uninsured driver is definitely still responsible.
No, if the other person is driving the uninsured vehicle, then that person is still covered by their own policy. But, if you AND the vehicle are uninsured, then it doesn't matter who's in the passenger seat.