Which insurance company do I file with?

I am writing, because my son was rear ended by a drunk driver. The driver asked to borrow his friends car while at a club. My son was on his way home from work. Anyhow the driver remained incognito, so the owner's insurance took on the claim. Well, the drivers insurance recently contacted my son about the accident. Who does he talk to about the claim now? The owner's insurance company, the driver, or both? He had some bodily injury. His car was totaled out.

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  • lucy
    Lv 7
    6 months ago

    USA answer.

    Insurance follows the vehicle. So the "friends" insurance would handle the claim.

    But, (if) for instance the friends insurance does (not) have enough coverage to pay, or, (if) the friends insurance denies the claim, then the friends insurance would then be secondary and handle the claim.

    So, your son can talk to the drivers insurance and the owners insurance to see (who) will handle or pay. You (don't) talk to the driver/owner, but only to insurance who will decide who will pay.

    Have you talked to (your) insurance company and gotten advice from them? If you have either medical payment coverage or PIP, then the medical bills will be paid by your insurance company.

    Source(s): retired auto adjuster
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  • 6 months ago

    Do not: discuss with anyone, email, text, make any social media posts, etc. Do not return any phone calls.

    Hire an attorney.

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  • zipper
    Lv 6
    6 months ago

    START WITH AN ATTORNEY AND LET HIM?HER DO THE TALKING FOR YOU!

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  • Anonymous
    6 months ago

    As I read it, your story added up to a bunch of Horse apples(that come out its butt)

    By your meager description, some of us can relate. So we know the hoops you got to jump through...and which insurance will play a role.

    As there are 2 vehicles there ain't no such thing as "Incognito" . The other person's identity is known for that is how NASTY INSURANCE COMPANIES ARE. They know who he is, whether he is covered as a sober borrower or not, and once you say he was drunk, his insurance coverage (if he had ANY) is invalid.

    . There are 2 parties in this auto CRASH, Mr "I" because he did a faceplant into your son's butt, and your son (who obviously was NOT wearing his seatbelt which in some places "insurance takes a dim view to that...enough to refuse payment.).and they are within their legal right to do that...as it is written in the insurance contract the son signed.

    . So if you do not know who to file with, then you are in for a world of hurt & financial ruin.

    In the U.S., everyone "Lawyers up" for almost everything no matter how minor, and in this case which is major you are not Lawyering up? That is so QUAINT.

    You are willing to accept all costs. Dum, dum, dum.

    No, I am not going to tell you FOR EVERY CASE IS DIFFERENT.

    "You know YOU are not SMART ENOUGH TO HANDLE IT YOURSELF" and just know that insurance accepts your payment much easier than you trying to get money from them. Then they got the walls STRONGER THAN FORT KNOX. Or "El Cheapo" is another term.

    You are looking for free Legal advice.

    Non is available here.

    • lovely376 months agoReport

      Why did you go through all that to basically be mean? I wasnt looking for mean. I was looking for answers. No, I'm not an insurance expert, because if I wasnt I wouldn't be asking.

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  • Edna
    Lv 7
    6 months ago

    Talk to your OWN insurance company, file a claim with them, and let them handle it for you.

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  • 6 months ago

    You got lots of bad advice before mine. Liability insurance follows the vehicle. Insurance on that vehicle is primary. The drunk driver's insurance is secondary. Notify both liability carriers that it is up to them to decide who handles the claim. But it is OK to cooperate with both.

    Source(s): Retired claims adjusster.
  • May
    Lv 5
    6 months ago

    The owner of the insured car that your Son drove is "PRIMARY" and liable.

    The driver's automobile insurance in secondary *ONLY IF* the primary insurance limits have been exceeded. I suspect the drivers insurance was also notified ( because of ignorance of how insurance works) along with the car owners insurance but if both companies are asking questions, your Son needs to speak with and co-operate with both companies. Both companies are probably gathering facts to determine which company will be liable.

  • Anonymous
    6 months ago

    TROLL ALERT. Look at the question history folks. It's all you need to know

  • g
    Lv 7
    6 months ago

    In the United States a motor vehicle is insured, not the driver, lovely.

    Who holds the automotive insurance policy for the truck, you or your son?

    Which ever it is that is who needs to contact the trucks' insurer. You or your son should not have any direct contact with the other motorist or their insurance provider. That is the job of the insurance provider of the truck!

  • 6 months ago

    You should have no fault insurance on your son's car and you should talk to them only. THEY will talk to the other insurance companies for you or at least advise you on which ones to talk to.. once all bills are paid, you can then deal with the other insurance companies as far as pain and suffering, and any bills not paid.

    Get copies of the police report and all reports made on the accident.

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