by fireyone » Thu Oct 02, 2008 12:13 am
I would like to know what insurance company is liable if a grown woman driving her mothers car hits another person but the woman had her own car and car insurance (just had MOMs for the day until hers was at the garage). Does just her moms car insurance pay or is hers liable since she was driving?
Posted: Fri Oct 03, 2008 01:02 am Post Subject:
They have never said anything to me yet about there being two insurance companies. They always act as if it is one place unless they are talking about the person theirselves. If the atty gathered all this info, doc reperts, lost wages and all the stuff that goes with it who are they sending it off to? The other ins. company or the insured?
Posted: Fri Oct 03, 2008 01:57 am Post Subject:
It would have been sent to the mothers carrier. If the demand is less then her limits, there is no reason to send the demand to anyone else. The mothers policy will provide coverage to the daughter for up to the mothers policy limits.
No reason to send it to the insured... the insured is not going to be paying the claim up front.
Posted: Fri Oct 03, 2008 02:02 am Post Subject:
Okay thanks. Now since my injuries are lifetime and say she only had minimal coverage can they tehn go after the daughters ins company if there is one? I am unsure what all is going on at this point. The last letter I got said tehy expected a response from the other person in 45-60 days. It has almost been 45 days (tomorrow). I am really ready to get off this roller coaster ride already.
Posted: Fri Oct 03, 2008 10:35 am Post Subject:
Lori, your saying the mothers policy addresses the situation only? I would have to say that is incorrect. The mothers policy is primary, yes. But the daughters policy states it will protect the daughter, period. As mentioned, the mothers policy will provide primary insurance but this does not negate the terms of the daughters policy... it only makes it excess. If the mothers policy only has $10k liability coverage and the claim is $20k, the daughter is then lacking $10k. So now the daughters policy would step up to the plate to protect the daughter as it states in the daughters policy (keep in mind... the _daughter_ is legally liable for the loss in every state I know of).
Yeah, that's what I said...mom's policy pays...daughters/drivers comes in as excess only..the drivers policy would pay squat on the owners vehicle...or of course excess
I should've driven the excess point stronger i guess..but we are in agreement...mom pays all the way UNLESS she is short...then drivers policy picks up excess.Posted: Sat Oct 04, 2008 12:38 am Post Subject:
So then I could be protected by both policies? Can I call my atty and would he know if there was more than one? Surely if he did his work they would know. I should be close (hopefully) in hearing something soon. In the meantime I have stopped alot of my treatments and jsut get the check ups. I know this sounds insane but if the limits were 15000 the med will eat up the settlement. Everytime I go into the hospitol it is $1500.
I keep up my pain meds but once this case has settled out they will cover everything at 100% without seeking restitution.
Posted: Sat Oct 04, 2008 01:30 am Post Subject:
So then I could be protected by both policies?
that's a BIG ''maybe'' but certainly call the atty and ask..if daughter had her own policy and if so would/could her bi limits be excess...see they would only be 'excess' (if allowed) NOT stackable..meaning..let's say the car has 20k...and driver has 25k limits...doesn't mean you now have 45k..it means (again if allowed) you would have 25k...20 from the owner, 5k from the driver...Posted: Sat Oct 04, 2008 05:18 am Post Subject:
Nope, it would be $45k.
It's prime and excess, not pro-rated. The driver is an insured under the owner policy for up to the policy limits and then the driver is an insured under her own policy... up to the policy limits.
Posted: Sat Oct 04, 2008 11:28 am Post Subject:
You sir are correct...I don't know where my head was... :oops:
Posted: Sat Oct 04, 2008 10:04 pm Post Subject:
Okay now I understand. It has already been 45 days and I was planning on calling the atty about mid week, next week just to see if they heard anything from the other party"s insurance or my highmark bcbs. So this will give me a few more questions to add to my list.
I am sitting here smiling because I can just imagine the astonishment on ole "Stella's" face when I ask her these questions. I think she wonders how I know so much when I have not been through this before.
I believe sometimes she may get tired of me sonce I kept requesting they moved forward with my case (since med was expired and we had a lifetime diagnosis). They just kept putting it on the back burner and after soemone good advice (hum...Lori?) I just kept calling until they made me a priority.
Posted: Sun Oct 05, 2008 10:09 am Post Subject:
The sqeeky wheel gets the grease honey...ALWAYS :wink:
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