Can't get insurance info from individual

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PostPosted: Mon Oct 15, 2007 10:58 pm   Post subject: Can't get insurance info from individual  

I let a guy test drive my car and he crashed it into a tree. The police made a report and he said he would pay for it and that he didn't have his insurance info on him. He has been avoiding me for around 3 weeks now and I need to know if there is any way to force the info. Please help.


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Seth W.
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PostPosted: Tue Oct 16, 2007 5:10 am   Post subject:   

Seth, you have a 'heart of gold'. You let another guy to test drive your car!!! Shocked



Do you have any information about that person's insurance in writing? If not, then I really don't see any alternative for you other than keeping quiet and paying the damages yourself. Don't you think it's quite normal for the other person to avoid you? Because you stand no chance (I suppose) in proving that he was liable for the damages. crossbreed07


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Crossbreed07
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PostPosted: Tue Oct 16, 2007 7:40 am   Post subject: Contact your insurance agent  

Hi Seth……..yours is an unique case. Do you normally allow anyone to test drive your car?



I am assuming that this person is enlisted in your policy. If so, then you are required to inform your carrier immediately. They will guide you on how to deal with this affair.



You are already late by wasting 3 weeks in asking that person for his insurance information. It should have been clear to you by now that this fellow is no-longer interested in taking the responsibility of the damage. Therefore, I guess, you can't afford anymore leniency. Ask your agent. He will be able to give you an insight.



Best of Luck!!!


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Cameron
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PostPosted: Tue Oct 16, 2007 7:48 am   Post subject:   

My friend…..you must know that you have made a big blunder by not taking the insurance detail of that person then and there. Therefore, make it a point that you will not commit this mistake henceforth. Because we all learn form our mistakes, right?



Now coming to your question……well, if the damage is reportable, file the claim with your insurer. They will then go after the other party's insurance and will collect the reimbursement. However, once you file a claim you are likely to face the impacts of the premium hike too.

Rupert

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PostPosted: Tue Oct 16, 2007 11:31 am   Post subject:   

Good morning Seth,



I totally understand the 'test drive' thing, assuming you were trying to sell your vehicle. I personally would never buy a car without driving it first. However, (duh) might've been a good idea for you to go with him huh? Wink That's all over, try and move on and handle what you have to handle now. The milks already spilled.



Here's the thing, do you have collision coverage on your vehicle? If so it really doesn't matter about his insurance. Insurance stays with the vehicle therefore, even if you know ALL information regarding his insurance, won't matter anyway. He was a permissive driver. The insurance/policy/coverages stay with the car. So if you have collision that is the only way to get it covered/repaired (subject of course to any exclusions in your policy that are not of the 'norm').



If however, you do not have collision coverage, and he has a vehicle that DOES have collision coverage, then you do have a problem. And need to find him. His coverage will 'step in' remember though only if you do not have collision. understand?



Let us know, and we'll see if we can be of any other assistance, but you need to turn in this claim ASAP. What did he hit just a tree? Even if you don't have collision and only carry liablity, you don't want to wake up in a month or two with a process server at your door suing you for the damage or injuries this guy caused. And yes, I have paid for many 'trees' damaged by vehicles hitting them, and let me tell you they can get pretty darn expensive. Also want to make sure he didn't have any passengers etc.



Since the police made a report, then his information will be on that report, and your company will be able to at least trace an address etc.



Turn it in Seth....and hurry! Laughing

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PostPosted: Tue Oct 16, 2007 7:03 pm   Post subject:   

Lori is right.... as usual. Wink ... well for the most part.



There are some states that don't pass on liability from the driver to the owner for liability. In those states negligent entrustment would need to be proved (which could not be done in this case). I now live in Utah and the owner would not be responsible here, the drivers liability insurance would be (I don't agree with this... it's just the way it is).



Sorry... I was doing a few things at the time and forgot that this was a 1 vehicle accident with (probably) only collision being involved, not liability. I'll leave the above info in the post as reference only.



OP, anyone who has been an adjuster for longer then a month will know that this driver is never going to contact you. Sorry to say that but I'm betting you already realize this. I understand that most people will want to test drive a vehicle before buying it, it's always a crap shoot if they cause damage to it or not. I'd _strongly_ recommend going with them (not doing this is just crazy).



I'm hoping that you reviewed the person's drivers license and wrote down his address? You should go to the person's house and speak to him in person. As Lori mentioned, your collision insurance is primary anyway but perhaps this person would be willing to at _least_ give you _cash_ to cover your deductible. You should explain that your willing to address all the other damage _he_ caused but he could at least pay you for your deductible. If he says he does not have the money, ask him how he was going to pay for your vehicle if he bought it? If you don't have collision, go to the person's home and get his tag number. Some DMV offices will tell you who the person last had insurance with if you can give them the tag number to the vehicle and the owners name. You can also ask him for his insurance informatino while you are there. Better yet, stop by your local police dept and tell them the situation. Let them know you need to go to the person's home to obtain his insurance information (you might need to explain that you don't have collision so the drivers collision would be primary), let them know that you don't feel safe and ask them if they would have an officer meet you there so nothing adverse happens. Having a police officer with you would probably convince this person to hand over his insurance information. Just a thought.



In the end, there is really very little you can do. You could file suit against this person in small claims court but you may not be able to "serve" this person and after your additional expenses at best you'd only get a judgement against him which is just a piece of paper (no cash).

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PostPosted: Tue Oct 16, 2007 11:52 pm   Post subject:   

Quote:
well for the most part.
hey we need a retraction here ! LaughingRazz
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PostPosted: Wed Oct 17, 2007 2:56 am   Post subject: Thanks  

Thanks for all your help. I made a huge mistake and am paying for it and it sounds as though I am screwed. Is there anyway to go around them to get their insurance info?


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PostPosted: Wed Oct 17, 2007 3:08 am   Post subject: All the best!  

Well..as far my experience suggests...I don't find any way that would not go past your state DMV. I feel you should seek their help towards achieving any piece of information concerned with this guy, but yeah you need to prove the cause of your necessity. Hope you have all the vital info associated with this accident in place eg the guy's contact info, his address, the pics of your car before & after the crash & so on. All the best!

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PostPosted: Wed Oct 17, 2007 9:30 am   Post subject:   

Quote:
Is there anyway to go around them to get their insurance info?
Seth, have you tried any of the suggestions we gave you? Like his info on the police report? Contacting the cops for assistance? The DMV? Getting his license plate number? Do you have collision coverage Seth? If not it is vitally important you reach him and see if he has it?

If you do file it with your carrier Seth, they will need to talk to him anyway, so they will make contact for you. And they will fix your car. RE-READ all the suggestions. Let us know. re: collision coverage etc. what the police report says, and so on.
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PostPosted: Wed Oct 17, 2007 1:26 pm   Post subject: Test Drive  

First of all, it is quite normal for a person to want to drive a vehicle prior to buying it. It sounds to me like this person really had no auto insurance. Your auto policy may include uninsured motorist coverage, depending on your state of residence and the insurance company. It might be a good idea to report this accident to your insurance company to determine whether or not your vehicle can be repaired under the UM coverage. If so, your insurance company will subrogate against the driver in an attempt to get their money back.

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PostPosted: Wed Oct 17, 2007 10:44 pm   Post subject:   

Quote:
your vehicle can be repaired under the UM coverage.
WinkCoolOH MAN HERE WE GO AGAIN! I'm NOT even going there again.....except to say that Uninsured Motorist (Bodily Injury) coverage is the 'required'/'manditory' coverage in many states, and the coverage, most people carry. The majority of policy holders do not carry UMPD (uninsured motorist property damage) it is not even available in all states. UM as it is commonly referred to is a liablity coverage that only covers INJURIES caused by an uninsured motorist.... UMPD covers the damage caused to your vehicle by an uninsured motorist. I can't think of a scenerio that could get this loss covered under UMPD either. The driver was a permissive driver. At any rate 'UM' as you are more than likely referring to it
Quote:
depending on your state of residence
would pertain to injuries only.





Quote:
It sounds to me like this person really had no auto insurance




I think this is a good guess, or he doesn't want it filed against his policy, WHICH it probably cannot be anyway.........man i'm tired. Confused
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