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Old 07-09-07, 06:19 AM   #1
mlwarriner
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Car insurance questions...

Does the insurance cover the driver, or the vehicle?

BACKSTORY:
My car was parked on the street in front of my house, perfectly legal-like. Tuesday evening, someone backing out of the driveway across the street from my house ran into my car. Driver brings me insurance info the next day, but the vehicle that hit me wasn't his. Belongs to a friend, and he's "working on buying it". So I call the insurance company on the vehicle, only to find out that the owner dropped coverage 2 months ago. So no help there. I call my insurance only to be reminded that I've got liability only, and no uninsured motorist coverage for non-injury claims.

So I'm screwed with both insurance companies. My question is this. If the guy driving the vehicle that hit me has insurance, will his cover the accident, even though he wasn't in his own vehicle? I've filed a police report, and will be getting an estimate on repairs today. Also, the insurance company for the other vehicle is going to fax me a statement that the vehicle that hit mine was not covered by insurance at the time of the accident. I know I shouldn't have a problem getting paid if this goes to small claims court, but I'd rather not have to go that route. My plan is to present the driver with the estimate and ask for cash, assuming his insurance won't cover it...

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Old 07-09-07, 06:24 AM   #2
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I believe the owner of the vehicle is responsible. Here in Cali that's a huge no no to have a car without insurance. It was his responsibility even though he loaned out the car. The owner of the car would get a fine for no insurance and still have to pay for the damage.
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Old 07-09-07, 06:30 AM   #3
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Quote:
Originally Posted by Siu Blue Wind
I believe the owner of the vehicle is responsible. Here in Cali that's a huge no no to have a car without insurance. It was his responsibility even though he loaned out the car. The owner of the car would get a fine for no insurance and still have to pay for the damage.

fortunately, i've got buddies with connections, and have any and all relevant info at my disposal. regarding the vehicle, the driver, the registered owner, and the insured party...

it's nice to know people.
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Old 07-09-07, 06:53 AM   #4
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At this point, might be easier and better for your future insurance premiums to just get the money from the guy in cash and forget the insurance.
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Old 07-09-07, 07:02 AM   #5
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Quote:
Originally Posted by BugsInMyTeeth
I'd try to settle it out of court. Sounds like you're screwed to have any insurance company pay for it.. and who wants to go to court.

Probably best for all parties to settle out of court. Sounds like the guy was kind enough to at least present you with the insurance info, even if it wasn't of any use. Hopefully he'll fork up the cash for the repairs.

How much damage is there? $1000+?

my guesstimate on damages is going to be between $600 and $1,100, depending on how badly the door is jacked.


i've got my doubts on this guy being able to pull cash together. and i'm fairly certain that he knew the insurance was bogus when he gave it to me.

but whatever, that's just my cynicism talking.
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Old 07-09-07, 07:03 AM   #6
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Originally Posted by Jerseysbest
At this point, might be easier and better for your future insurance premiums to just get the money from the guy in cash and forget the insurance.

i don't see how this would affect my insurance (at least not directly). he was at fault, driving someone else's uninsured vehicle. i don't know if his insurance will cover it or not...




i just want my car fixed.
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Old 07-09-07, 07:14 AM   #7
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In NY first the car's insurance covers any damage, and then the drivers insurance covers any remaining damage, not sure how it is where you are.

If I where you I'd call back your insurance company and if they can't give you an answer ask to go up a level in phone support and keep on doing that until you get some one who can answer it for you.
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Old 07-09-07, 07:23 AM   #8
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Call the state insurance regulatory agency. They will provied you with unbiased answers without recriminiation on your premium.
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Old 07-09-07, 07:45 AM   #9
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wow. just got the estimate done.

$1,750




blue book on the car (private party sale) is only $1,850.




damn.
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Old 07-09-07, 10:57 AM   #10
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I had a very similiar incident last fall.

See thread: My car got hit. Uninsured drunk driver.
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Old 07-09-07, 11:46 AM   #11
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Quote:
Originally Posted by mlwarriner
wow. just got the estimate done.

$1,750




blue book on the car (private party sale) is only $1,850.




damn.
Which means insurance won't repair it, only "total" it and give you the 1850 leaving you to find another car. You could buy it back from them for, probably $500, then get it fixed, but then you're into it for $2250 on a car not worth that much and they're only out $1350.
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Old 07-09-07, 11:56 AM   #12
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The driver of the car is responsible.
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Old 07-09-07, 02:08 PM   #13
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Originally Posted by skiahh
Which means insurance won't repair it, only "total" it and give you the 1850 leaving you to find another car. You could buy it back from them for, probably $500, then get it fixed, but then you're into it for $2250 on a car not worth that much and they're only out $1350.

"totaling" or not totaling the car has nothing to do with it there's no insurance involvement. the vehicle that hit mine was uninsured at the time, and my car's insurance won't cover it because i've got liability only. my uninsured coverage only applies to injuries. there were none.
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Old 07-09-07, 02:08 PM   #14
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Originally Posted by slowandsteady
The driver of the car is responsible.

even if he was in someone else's (uninsured) car?
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Old 07-09-07, 02:34 PM   #15
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Quote:
Originally Posted by mlwarriner
even if he was in someone else's (uninsured) car?
Yes... this is like a tort issue. If I beat you with my neighbor's baseball-bat, am I not responsible for your injuries? And liable too.
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Old 07-09-07, 02:40 PM   #16
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Yes... this is like a tort issue. If I beat you with my neighbor's baseball-bat, am I not responsible for your injuries? And liable too.

but if your neighbor has insurance on his bat, isn't your insurance going to want the neighbor's insurance to cover it?

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Old 07-09-07, 02:48 PM   #17
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Quote:
Originally Posted by mlwarriner
but if your neighbor has insurance on his bat, isn't your insurance going to want the neighbor's insurance to cover it?

Yes... so your neighbor's insurance will have to step up. And now it becomes an insurance issue again!
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Old 07-09-07, 02:50 PM   #18
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Yes... so your neighbor's insurance will have to step up. And now it becomes an insurance issue again!

which is all good, assuming my neighbor actually HAS insurance.
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Old 07-09-07, 05:12 PM   #19
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They should sell the offending vehicle and pay you off.

That is what happened to me. The guy claimed he didn't have insurance so he had to sell his clean 1972 Chevelle to pay for the damage he did to me. But I had to go to court for that one.
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Old 07-09-07, 05:31 PM   #20
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Quote:
Originally Posted by Siu Blue Wind
They should sell the offending vehicle and pay you off.

That is what happened to me. The guy claimed he didn't have insurance so he had to sell his clean 1972 Chevelle to pay for the damage he did to me. But I had to go to court for that one.

Sorry that happened...but don't you own a classic Chevelle.
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Old 07-09-07, 06:01 PM   #21
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How do you think I got into them?

His was a different year and a Malibu Chevelle. Mine is two years older and an SS.
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Old 07-09-07, 06:03 PM   #22
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Originally Posted by mlwarriner
which is all good, assuming my neighbor actually HAS insurance.

which he doesn't
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Old 07-09-07, 06:03 PM   #23
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Quote:
Originally Posted by Siu Blue Wind
How do you think I got into them?

His was a different year and a Malibu Chevelle. Mine is two years older and an SS.
I knew something was up, Ms. Godmother.

Can I kiss the ring on your hand?
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Old 07-09-07, 06:04 PM   #24
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Originally Posted by Siu Blue Wind
They should sell the offending vehicle and pay you off.

except he doesn't even own the offending vehicle. he's "working on buying it" from a friend...

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Old 07-09-07, 06:11 PM   #25
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I knew something was up, Ms. Godmother.

Can I kiss the ring on your hand?
You can kiss anything you want.

Quote:
Originally Posted by mlwarriner
except he doesn't even own the offending vehicle. he's "working on buying it" from a friend...

I'm talking about the owner could sell it, since he, ultimately is responsible. In Cali, I believe it is based on also being responsible about who you loan it to.

My friend loaned his car to a woman who hit and run someone. My friend got arrested. *shrugs*. He had to prove that he was at work the entire time AND proof of insurance. And yes, his insurance covered the victim.
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