[jade17]

Many thanks for repsonding again but I think my first question has mislead you. The situation is that, my sister-in-law lend me her car but did not add my name onto her own insurance policy because she (and myself) thought I was covered by my own insurance. Then I got involved in a very minor accident but both the driver and the passenger in the 3rd party's car are now claiming whiplash and damage to the car. After the accident, I found out I was actually not covered by my own insurance policy because I'm only the named driver on the policy. I have checked with my own insurance company, they told me that under the Road Traffic Act, my sister-in-law's insurance company should still be laible for the 3rd party's car even though she has not added my name onto her policy. My questions are: 1. If my sister-in-law's insurance company is responsible for the 3rd party's car, are they responsible for the damage of the car as well as the whiplash claimed by both persons who were in the 3rd party's car? 2. If my sister-in-law's insurance company is only partly responsible, then what % would they be responsible for? If my sister-in-law's surance company is not liable for the 3rd party's car at all, what steps should I take to protect myself? Desperately need advice, help. Thank you.

[AK lawyer]

...
1. If my sister-in-law's insurance company is responsible for the 3rd party's car, are they responsible for the damage of the car as well as the whiplash claimed by both persons who were in the 3rd party's car?

Has her insurance company denied coverage? Normally they would be responsible unless the policy expressly excludes you.

And yes, her policy would normally cover property damage as well as personal injury.

Liability of course depends upon whether you were at fault.

2. If my sister-in-law's insurance company is only partly responsible, then what % would they be responsible for?

Depends upon the degree of negligence attributable to you and the third-party driver.

If my sister-in-law's surance company is not liable for the 3rd party's car at all, what steps should I take to protect myself?

It appears that your company isn't denying coverage; they are simply trying to claim that the other company has to cover liability before they do. Your reference to a "Road Traffic Act" suggests that you may not be in the U.S. Are you in some other country?

[ebaines]

In the US (don't know about elsewhere), when you borrow someone's car their insurance covers you, not your own insurance. Exceptions would be if you didn't have permission from the owner when you "borrowed" the car (hence a car thief is not covered), or if you are not licensed to drive. There may also be language in her policy as to how long a person can borrow her car before they must named on the policy - but it sounds like that's not an issue here. One last point - I'm not sure about this, but if your sister's liability coverage is for a lesser amount than what your own policy covers, it may be that your policy would act as secondary insurance to cover any damages above your sister's poicy limit. If you're thinking you might be sued by the occupants of the other car this is something that could come into play. You should check yor policy and see what it says about this.

[jade17]

First of all, I want to thank you for your kind response but I actually live in the UK and not US so what you have said may not apply over here. I'm just hoping someone from UK could give me some advice. Thank you so much again for your trying to help me out.