Insurance said they will not pay.

[eric16]

What is the name of your state? California

I was fixing a friends car and took it for a test drive to make sure the car was running ok and that the repairs were correct.
I stopped at a temporary stop sign that was placed on the street do to work being done on traffic lights.Well I was stopped I was hit from behind by another driver.The other driver was driving his wifes car and both did not have insurance.The other driver was arrested for DUI.The car I was driving was totaled.my friends insurance company said they would not pay for loss because the policy does not cover anyone who is not on the policy.I did not have insurance at the time.Shouldn't the insurance company for the loss since the car was being repaired.The car is a 1995 VW Jetta.She got the car in March of 2002 and had the loan financed.

 

[ProResearch]

My advice is, and what I would do in this situation is... Get the actual policy out and see what it says about coverage for the "insured's" car. If someone has been given permission by the insured to drive the car, does the insurance follow the car ~ Or~ is the insured person covered no matter what car *they* drive.

If the policy is as the insurance company says, then the other driver can be held liable even if he does not have insurance. You will have to file a claim against the driver in small claims court if under a certain amount dictated by your state law or another court of jurisdiction. Then you will have to prove your damages.

Depending upon the amount of money involved, I would seek the advice of an attorney who does property damage/car accidents. You can find one in the yellow pages or call your local Attorney Bar association, or hey..... check out this web site to 'Find a Lawyer."

Good 'luck' to you!