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it may depend on the state, but when I was in the insurance business in Tennessee, the primary insurance on the car kicked in first, then if that insurance didn't cover the damamge (IE: insurance limits were too low, or there was no primary insuance) then the driver's insurance kicked in.

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Q: Who is responsible for an accident the driver of the vehicle or the person who is under the insurance?
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Related questions

What if a unsured licensed driver is driving an insured car and causes an accident?

Very simple, the insurance policy follows the vehicle not the driver. In this case, the vehicle insurer will be responsible for all damages.


Is an insured driver on your policy responsible for damages that they have not repaired on your 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.


Who is responsible for a accidents costs the owner of the car or driver?

the accident is cover by insurance if the driver did not have insurance but the owner dose then it should cover for uninsured motorist if the driver was not a excluded driver of the vehicle a excluded driver is like a relative that lives the the policy holder but is not on the policy as a driver


If someone is driving your vehicle which is covered with collision and has and accident and is at fault are you responsible for all damages and costs or will their insurance cover it?

== == == == Car insurance follows the car. If someone was injured they can go after the driver if they weren't the owner of the vehicle.


If someone has an accident and they do not own the car but the driver sends the other party to hospital who is responsible for bodily injuries in Texas?

liability insurance goes with the driver, so the drivers insurance would pay for it. If the driver does not have insurance, then the owner of the car's insurance would pay if the vehicle was knowingly lent.


If a friend drove your vehicle when there was no insurance and was involved in an accident who is liable for the cost to replace the car?

There is more than one answer to this question. Because you did not state who was at fault in the accident. If the other driver was at fault, it is that person or their insurance company that is responsible for the repairs on your car. If it is the friends fault, then it is the friend that is responsible. Even if the friend did or did not know you had did not have insurance.


Who is responsible for an unlicensed driver driving another person vehicle involved in an accident?

The unlicensed driver is responsible for all damages. If they are a minor the parents may be forced to take responsibility. Sadly, the owner of the vehicle MUST make any insurance claims they are eligible to make. The owner can ask the unlicensed driver to pay any excess on the insurance and even take them to court if they refuse to pay it. The driver of the vehicle is responsible to pay any amounts not covered by the vehicles owners insurance, including damages to the car. If the insurance premium goes up or you loose your no claim bonus then I'm sorry but the driver is not liable for that. If the unlicensed driver drove the vehicle without permission from the vehicle owner then the vehicle owner must report that the car was stolen at the time of the accident, then provide the insurance company with the police report number (you can tell the police you don't want to press charges). Under these circumstances even if the insurance company pays out damages for the vehicle they may chase the unlicensed driver to pay them back.


What happens if both drivers involved in an accident have no insurance and no police report was filed?

If both drivers have no insurance and do not file a police report, each driver is responsible for repairing the damage to his/her own vehicle.


What happens when you have a car accident with a driver that has no vehicle insurance?

I hope you had insurance for this. The uninsured motorist will probably be broke


If an insured driver with permission from an insured car's owner gets into an accident will the driver or the owner be responsible for payments?

the owner of the car with insurance will be responsible


If the owner gave permission to a licensed driver is the licensed driver still responsible to pay for an accident?

It is my understanding that the car owner's insurance pays for the person who was hit. The driver's insurance is responsible for the car he/she was driving.


In New Jersey a rental vehicle driven by an unauthorized driver had an accident which was his fault. The passenger was injured. Whose insurance carrier should be responsible - driver renter or Hertz?

The person who rented the car is responsible because they allowed the unauthorized driver to drive the car. Hertz would not be at all responsible.