Does uninsured motorist ins cover you when driving another car???

[lafraz]

I live in Texas -
I let my roommate borrow my car because her own vehicle - a
pickup truck - was loaded down with tree trimmings. She was
involved in an accident with an illegal alien Hispanic man. The police came to the scene and took a full report and
determined that the other driver was at fault because he failed to yield the right of way at the intersection. The other driver did not speak English, had no driver's license, no auto insurance, and the vehicle he was driving was not even his own.
My roommate reported the accident to her State Farm agent as a claim against an uninsured motorist and sent a copy of the police accident report to State Farm.

********** Here's the kicker ****************

State Farm said that since she had her own vehicle available to her that night, albeit loaded down with tree branches, that she could have and should have chosen to drive it instead. They said they would not honor the uninsured motorist claim because the accident was not her fault but would have been honored if she had been at fault.

Does that sound right???

Here are my questions:

1. When you rent a car, even if you decline taking
the rental car's insurance, aren't you covered by
your own insurance policy's uninsured motorist
coverage???

2. Doesn't your own uninsured motorist coverage
follow you with you whatever vehicle you get in and
drive, i.e. driving a friend's car???

3. Would uninsured motorist coverage had applied
if the other car she had been driving was car of a
husband, wife, domestic partner, parent, or child???

4. Would uninsured motorist coverage had applied
if I had been a passenger in my own car that
night??? Or, i.e. she was having to drive me to the
Hospital or Doctor's office, or if we had been
sharing the driving on a long vacation road trip???

If you can help ease my mind in any way with answers
to these questions or advice on any possible avenues
of recourse I would so greatly appreciate it.
Please reach me at my contact information below and
let me know something. Thanks in advance for your
care and concern.

Best Regards,

Linda A. Frazier
phone: (972)562-9567
email: [email protected]
addr: 1500 N. Bass St.
McKinney, Texas 75069

 

[Xjudge]

The answer to all 4 questions is no. 1. You must have a rider attached to your policy for your insurance to cover a rental. Most insurance coverages do not cover rental cars unless you have full coverage. 2. Depend on what type of policy you have. If you have blanket coverage yes, most policies are vehicle specific. 3. If the driver of the vehicle is listed on your policy. Your insurance may not cover all drivers, in fact, some policies exclude certain drivers (those under 25 or those with a DUI conviction). 4. Your insurance covers you when you are the vehicle operator. Your questions are the kind you should ask your insurance agent when you bought your policy. To assume certain coverages can be a mistake, as you are now finding out. Good luck.