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N Cal Atty
N Cal Atty, Attorney
Category: Traffic Law
Satisfied Customers: 9337
Experience:  Since 1983
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My vehicle was involved in an auto accident. The driver (not

Customer Question

My vehicle was involved in an auto accident.
The driver (not on my insurance policy but had her own policy) had our permission to drive my vehicle.
My vehicle was driven through intersection and other party was turning left and struct my vehicle. No injuries reported at scene.
911 called to scene but did not respond. There was 1 witness that concurred left turn driver at fault.
Now, left turn driver claiming injury with hired counsel.
How is this handled with insurance companies?
How should I handle this situation?
Submitted: 12 months ago.
Category: Traffic Law
Expert:  N Cal Atty replied 12 months ago.

Thank you for your question.

You were right to notify both you and her insurance companies.

There are three types of "other insurance" clauses.

1- If there is other valid and colectible insurance, this police does not apply = escape clause

2. If there is other valid and collectible insurance, this plice obnly kicks in after the sirst policy is exhausted = secondary clause

3. If there iis other valid and collectible insurance, the polcicies will be applied pro rata = pro rata clause

Pro Rata Policy A has 1,000,000 dollar limit, policy B has 100,000 - pro rata means policy A pays 90% and B pays 10% of the damages.

There are countless permutations on how these are combined in real life. Pro rata vs. secondary, secondary vs. escape, etc.

You can get a frtee consultation from some of the auto insurance attorneys listed by location here.

If your insurer says anyhting other than that you are covered, you may want to consult a local attorney to review policies and determine your options.

You need an attorney to read both policies that apply to your vehicle to determine what your rights are.

I hope this information is helpful.