|
I have two cars — a company car insured by my employer and my wife's car. When backing out of the garage, my wife hit my company car in the driveway and damaged it. My own insurer refused to pay for the damage to the company car based on two separate exclusions in my personal auto policy: vehicles provided for the regular use of an insured and the "care, custody or control" exclusion.
I think that neither exclusion applies and that the claim should be paid under the property-damage section. The company car was not in my wife's care, custody or control, nor was she operating it. Who's right?
You are correct. The car that was damaged by your wife, i.e. your company car, was not in her care, custody or control. Also, the liability did not arise out of her use of the company car. Your policy excludes liability coverage for loss or damage arising out of the use of vehicles that are "furnished or available for the regular use" of any family member. Hitting the company car with the family car clearly does not qualify as making use of the company vehicle.
The situation is really no different from those where your wife damages a stranger's vehicle with her car. Just because the vehicle in this instance was your company car makes no difference.
Back to frequently asked auto insurance questions
|
