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 Posted: Sat May 09, 2009 4:07 am Post subject: |
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| Quote: | | Later on, I get a major furious phone call from the mother, literally screaming at me, demanding the entire amount. |
Doesn't that confirm that she is absolutely naive when it comes to insurance? 
Joye, one more time...'you owe them nothing'. They may drag you to the court but that doesn't guarantee that she can get you pay for the damages. And, I'm sure that wouldn't even worth the court fees, atty fees and the time spent.
| Quote: | | Kids are getting along...for now....and she did admit she lent out the car. |
This would be the key...as long as she sticks to the truth things would be fine. However, even if she disagrees afterward about lending car to the friend, pressing a theft charge against your daughter would be hard.
Joye just stick to what you have said. And, keep us updated. What's your daughter's reaction after all these? |
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kelvin
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| Posted: Sat May 09, 2009 10:54 am Post subject: |
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| Quote: | | That the 3k she got from the carrier isn't enough to get a decent car, that she'll have to put out at least 2k of her OWN to buy a decent car |
THAT is not your fault or concern...the vehicle most likely wasn 't worth what they 'thought' it was...at any rate, that's none of your concern...at all!!! | Quote: | | that she's been fair and not asked for a rental on my end (yeah, my fault she didn't have renters insurance), that she's been having to juggle vehicles and its affected her work and blah blah blah. Yeah, |
She hasn't been 'fair' about anything, you owe nothing..what does she have to be 'fair' about? you owed her nothing, not even their deductible, you have no legal obligation, paying part of their deductible is ONLY a friendly gesture..period, their own daughter put them in this position NOT you....tell her to kiss off...That clearly she doesn't understand the laws in your state and you legally (IMO remember I'm no attorney but have been in this biz over twenty years)...are not required to pay a dime...no way in hell would I after that phone call give her a cent..unless I got an apology and that's what I'd tell the dad..
She can sue you in small claims, but I don't see it going anywhere at all...The judge knows the laws....no attorney would take this....you'd probably have a better shot at sueing them for being negligent and putting your daughter in harms way, by allowing her to take the car (thru their daughter), without your permission and barely having a license..(i know you wouldn't but suits just this stupid get paid all the time.) all i'm saying is you'd have a better shot than they would...
Again, this is all a personal/moral issue. If it were me, she'd have just given me a clear conscience for not paying anything at all with her attitude on that phone call, but it's up to you...clearly she would be unappreciative of anything you give her..and has accepted zero responsibility for their's or their daughters actions in this mess..
Maybe you might want to talk with Dad again. Remember, make them sign a release of some kind before giving them a dime...and prove their deductible, if you decide to pay them...but if I were in your shoes, I'd seriously be rethinking that now, given her agression....
How did you call end with hysterical mother?
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Lori
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| Posted: Sat May 09, 2009 12:31 pm Post subject: |
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Thanks, Lori - the call ended with basically them (or her) wanting a decision by today (Saturday). The more I think about it, the more I'm just going to ignore this. Go ahead, file suit, you had a chance at 500 now, but now you're getting nothing and you'll be without a car even longer. And what if your little princess crashed? You'd STILL be out the money!??! Hell, at least with my kid, you're getting 500.
I called my insurance agent and told her the story and she said that basically they're out of this. They have nothing to do with his deductible. And that since I kinda made the gesture of offering to pay some kind of deductible, which is tantamount to offering restitution, they really have no recourse. Its now between them and I.
You're right, Lori - I've slept on this and decided I've had enough - this schlep didn't even know who is agent was, took the worst policy he could find because he was cheap, had no idea what his deductible was or what it covered, and didn't even contact them until one week after the accident. Hell, it wasn't my car and I called my own agent AT HOME 9PM FRIDAY it happened.
My worry was them taking me to court and trying to recover attorneys fees, all that stuff, but from what I'm reading online, that won't happen. Can't recover fees unless there's a written contract stating so.
Kelvin - as for sticking to the truth - the insurance company has recorded statements from both kids involved, and kid admits giving permissible use. |
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JoeySunday
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| Posted: Sun May 10, 2009 10:36 am Post subject: |
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Joey, I agree with you...I'd let them know (some how)... I'm done...other than that...I'd cease all communication with them...
Let us know if anything else pops up..remember you can file for just about anything in small claims court, so she 'might' go that way..but still has to receive a judgement (i don't think she could get one)...doubt seriously ANY attorney would take it...so if she does file in small claims, you and your daughter just show up and tell the truth, that's it, (you don't need nor is it adviseable to have an atty in small claims court)...I think the judge will tell them the same thing their insurance carrier did...''it's all you folks''..
Let us know if anything else pops up or we can be of futher assistance..
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Mon May 11, 2009 1:37 am Post subject: Uh oh |
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Came across some legal stuff online showing that the one that borrows the car is responsible for reimbursing the owner for the deductible in the event of an accident.
More to follow.... |
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JoeySunday
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| Posted: Mon May 11, 2009 3:47 am Post subject: |
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| Quote: | | Came across some legal stuff online showing that the one that borrows the car is responsible for reimbursing the owner for the deductible in the event of an accident. |
Joye, I'm sure that something is state specific.  I'd definitely search more on this line and put on the board. As far I know that in cases where the volume of damage exceeds the owner's auto limit, the borrower's auto policy might kick-in to compensate the remaining amount.
Between, can you let me know which state you are from? We may then check into your state's laws as well. |
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kelvin
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| Posted: Mon May 11, 2009 4:01 am Post subject: |
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| Quote: | | Kelvin - as for sticking to the truth - the insurance company has recorded statements from both kids involved, and kid admits giving permissible use. |
Okay, that's certainly a good news for you.
By the way, what about the other driver involved in the accident? I guess he was injured in it. Has he filed claim too? |
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kelvin
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| Posted: Mon May 11, 2009 4:21 am Post subject: |
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Actually, the thing I read was in google books, so you may be right, laws could vary by state. I have been assured by my agent that damages exceeding THEIR policy fall upon mine. However, I know for a fact that the collision damages will fall within their policy.
The other party was checked out at the hospital and released, however, we have no idea if any claim was filed. I'm sure that one is brewing somewhere.
I'm from PA. |
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JoeySunday
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| Posted: Mon May 11, 2009 10:44 pm Post subject: |
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There will be an injury claim filed, but PA is different since you have to choose when buying your insurance whether you give up your right to sue or not...depends on what this person chose.
I'd not worry about it though, sounds like a small BI claim at any rate (checked and released) so very doubtful it would exceed mom and dad's bi limits.
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Fri May 22, 2009 5:34 pm Post subject: Update |
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Ok, so now I get a call from an agent for the dad's policy, stating although she was given permissible use by the girl, the girl is not a named insurant (?) on the policy. I ask, "so, does that mean she wasn't on the policy?" He states that yes, she is on the policy but just because she is listed, does NOT give her the right to lend out the car since she is not the owner.
Whats odd is every insurance person I've talked since this all went down - all agreed that if someone on the policy gives permission, the car would be covered. So now it looks like they're looking to go after MY insurance. |
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JoeySunday
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| Posted: Fri May 22, 2009 9:32 pm Post subject: |
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| Quote: | | Ok, so now I get a call from an agent for the dad's policy, stating although she was given permissible use by the girl, the girl is not a named insurant (?) on the policy. I ask, "so, does that mean she wasn't on the policy?" He states that yes, she is on the policy but just because she is listed, does NOT give her the right to lend out the car since she is not the owner. |
Ok...the top of my freakin' head just exploded!!!  This agent has ABSOLUTELY no business in this claim PERIOD...(hasn't it already been settled anyway?)...You seriously JUST got a call from this agent? Might want to call him back ask him if he's a licensed claim adjuster ? (better make sure your state licenses adjusters first)..., and call him on it if he ''says'' he does get his license number (so we can check)...at either rate tell him if he calls you one more time, you will contact the Dept of Ins in your state and file a personal complaint against him...after that you'll march your happy butt to the court house and get a peace bond against him...I'd have his a** for supper if he tried this with me..I cannot believe his gawl....  his claims dept might want to know this too...
tell me first what is the name of dad's insurance company ? (i want to figure out if he's a captive or independent agent)..oh my gosh...I'm seriously bowling, I'd love to get ahold of this idiot... | Quote: | | So now it looks like they're looking to go after MY insurance. |
SAYS WHO? The freakin' agent? He hasn't got authority to do crap! Let us know for sure this was an agent NOT an adjuster..and what else this moron said.
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr.
Last edited by Lori on Fri May 22, 2009 9:37 pm |
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Lori
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| Posted: Fri May 22, 2009 9:37 pm Post subject: Sorry |
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| It was an adjuster. |
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JoeySunday
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| Posted: Fri May 22, 2009 9:42 pm Post subject: |
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| Quote: | | It was an adjuster. |
Thanks for the quick response, thought I was gonna have to take a 'nitro'....Their wrong (IMO)...they need to send a letter of denial which will/should quote EXACTLY where in the policy it says this...you need to turn it in to your carrier and let them start their investigation, I still think it will flop back to them..I've paid probably 100 claims like this in my 20 plus years...all of them...unless your state has some weird wording, I don't see how they'll get out of it and frankly surprised it has taken so long to make the decision....did they say anything else?
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Fri May 22, 2009 9:56 pm Post subject: |
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Well, he wanted as much info from me as possible, which I declined. Information such as, was my kid insured on MY policy at the time of the accident, my policy number...the only thing I confirmed for him at the time was my mailing address and who my insurance company is. I called my agent who said, "lets sit on this and see what happens".
He said he'll just call my company and take it from there, and I should be getting something in the mail. But I wrote down his saying that the teen wasn't a "named insurant". I told him I thought it odd, everything I read online pointed to insurance following the car and permissible use. He said not quite according to the policy they had, then proceeded to give me a claim number and his phone number if I had any more questions. |
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JoeySunday
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| Posted: Fri May 22, 2009 10:05 pm Post subject: |
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As long as you've let your agent know then your 'company' knows...make sure you are making notes of all your phone calls etc...(dates, times who you talked to etc)... I'm sure he said, 'named insured'.. | Quote: | | He said not quite according to the policy they had, then proceeded to give me a claim number and his phone number if I had any more questions |
Call him back and tell him to send you a formal denial including copies of the parts of the policy that allow him to deny your daughter as an insured driver of this car...(which is what she was when BFE gave her permission)
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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