Jdub

In this exact situation, because the friend wasn't borrowing your car because his car was broken down, being repaired, being serviced, damaged or stolen, the owner's insurance policy comes first. If that policy is exhausted, the driver's insurance policy would cover any damages exceeding the owner's policy. If the damages exceed both of the insurance policies, normally the DRIVER, since he is the tortfeasor or person that caused the damage, is personally responsible for damages exceeding those two policies.

There is a situation which very rarely arises and that would subject the OWNER to those damages personally if both policies were exhausted. You would have to show that the owner was guilty of negligently entrusting the vehicle to the friend or possibly if the owner of the vehicle failed to keep his vehicle in proper working condition and that failure was the cause of the wreck.


Sorry Dragginass even though you changed the facts of your scenario, you are still mistaken. Borrowing a vehicle because it can't haul a 4 wheeler does not mean that it is a temporary substitute under the policy language of most, if not all, auto liability insurance policies. Because it does not qualify as a temporary substitute or rental vehicle, the owners policy comes first and the driver's policy comes second. In any event, other than the negligent entrustment argument or disrepair argument, the DRIVER is ALWAYS personally responsible for any damages that exceed the applicable insurance policies.