| Back to the Future has always been my favorite | | | | So which one pays first to an injured person? |
| movie. While I was watching it recently, an | | | | Minnesota law says that the insurance on the car |
| interesting auto insurance issue came up. | | | | is deemed "closest to the risk" so that will be the |
| Modern-day (that is, 1985) Biff Tannen, played | | | | primary insurance, while any insurance carried by |
| ably by Thomas F. Wilson, is George McFly's | | | | the driver will be available as excess coverage. |
| supervisor at work. George, as everyone knows, | | | | Biff would be a "permissive user" insured under |
| is the father of our hero, Marty McFly (Michael J. | | | | George's policy. If the injured person has a claim |
| Fox). Unfortunately for Marty, early in the movie | | | | larger than George's policy, Biff's policy would be |
| and right before his big weekend at the lake with | | | | in place as excess insurance. If the injured person |
| Jennifer, Biff wrecks George's car. | | | | had proper Underinsured Motorist insurance (UIM) |
| As Marty enters his home, Biff and George are | | | | in place on their car, that policy would come in |
| having a heated exchange concerning the accident. | | | | last, after Biff's policy, to provide yet another |
| Biff insists the car had a blind spot. George | | | | layer of insurance. |
| doesn't remember any blind spot but assumes | | | | The levels of insurance coverage are in place not |
| that Biff's insurance will pay for the damages. Biff | | | | only compensate injured people and to protect |
| points out, "It's your car! Your insurance should | | | | Biff, but also to protect George, the car's owner, |
| pay for it." Then Biff asserts that George should | | | | from vicarious liability. Vicarious liability imputes the |
| also pay his dry-cleaning bill because he spilled beer | | | | negligence of a borrower to the owner by |
| all over himself when that other car ran into him. | | | | statute. Under Minn. Stat. 170.54, when George |
| So I thought to myself, "That Biff. He is obviously | | | | allowed Biff to drive, Biff became George's agent |
| drinking and driving; he could have really hurt | | | | making George legally responsible for Biff's actions. |
| someone. What if he had?" | | | | So if Biff were uninsured, George could be held |
| In cases like this in Minnesota, George would | | | | responsible for all of the damage. If Biff did |
| probably be upset to find out that Biff is right. | | | | enough harm, George could be personally liable for |
| George is legally responsible for Biff's negligence. If | | | | an innocent person's injuries even though he was |
| Biff would have hurt someone that fateful | | | | miles away from the accident. |
| evening, George's insurance would not only pay | | | | The moral of the story for George is that he |
| the injured person compensation before Biff's | | | | should know better than to let Biff drive his car, |
| insurance pays, but George would also be a likely | | | | even if Biff happens to be his supervisor and |
| defendant if Biff were ever sued. | | | | George isn't very good at confrontations. In light |
| Under Minnesota law, auto insurance covers both | | | | of Biff's propensities to drink and drive, chase |
| cars and people. The insurance you buy is | | | | down skateboarders in the middle of the street |
| available to protect you when you drive your own | | | | and run into manure trucks, Biff is likely to get |
| car as well as when you drive other cars with | | | | George mixed up in a big mess. |
| permission. That way you don't have to tell your | | | | When you or someone you know is injured in a |
| insurance agent about it each time you use | | | | car crash, it is important to sort out the |
| someone else's car or let someone use your car. | | | | ownership and insurance issues before settling a |
| So when someone borrows a car, a situation like | | | | claim. Make sure you speak to an experienced |
| this one with George and Biff arises, in that there | | | | attorney regarding insurance coverage for your |
| are at least two policies covering the event. | | | | case. |