by yvonne » Thu Dec 27, 2007 11:01 pm
i was driving another persons car and got into a little accident into my parkinglot at school. it was nothing big just a little bump when i was pulling out of my space. the other car was driving behind me. the owner of the vehicle gave me her insurance card and it said she was covered from the beginning of that particular month. when the other party tried to call the insurance company to collect the company said that the policy was not in effect. this was a fill in the blank temporary card, so i didnt understand why they would fill out a card for the vehicle and then not cover. well the other party's insurance company is trying to collect from me. i called the local police dept. and they told me that unless i was issued a ticket at the time of the accident stating that i was at fault, then it is the owner of the vehicles responsibility to pay. well as it turns out the police were never called to the accident and i was issued no ticket. i just want to get some further info. on this if someone can help.
Thank you,
yvonne
Thank you,
yvonne
Posted: Fri Dec 28, 2007 09:51 am Post Subject: I don't think its worrying :)
i was driving another persons car and got into a little accident into my parking lot at school. it was nothing big just a little bump when i was pulling out of my space.
I don't see any reason for your getting worried, since its not wrong to drive someone's car where in you are closely related to the owner (if it is not a stolen car).
To me one thing seems quite clear - one thing needs to be clarified first ie. whether the other party's insurance was in place at the time of the crash. You may avail the truth from the State DOI.
Now see, if you find out that her policy was not there to cover her at that time, then you might forward your claim to your UM coverage. On the other hand if its found out that her policy was in place, then her liability carrier is responsibility to pay towards your claim. In that case, your insurance company (ie. the carrier of the owner) is bound to guide you & it would be easier to move with them.
Regards,
Soil-n-mass
Posted: Fri Dec 28, 2007 09:55 am Post Subject:
i called the local police dept. and they told me that unless i was issued a ticket at the time of the accident stating that i was at fault, then it is the owner of the vehicles responsibility to pay. well as it turns out the police were never called to the accident and i was issued no ticket.
The police are absolutely right in the above statement. If you were not issued any citation at the site of accident, you can't be adjudged at-fault. And from your narration it seems that the other party's insurer also considers that their client was the at-fault driver. Now if they are denying it, the ball rolls into their court. Then they have to prove that you were the at-fault party. Sincerely, you don't have to worry about it.
Was there any eyewitness at the site? You better start collecting their contact details, you may need their support during the claim-settlement process.
Posted: Fri Dec 28, 2007 10:02 am Post Subject:
It seems that she was carrying a binder, which is only the temporary evidence of her coverage, and not the actual policy. The binder remains in effect prior the actual coverage begins, normally for 10 days. During this time period the insurer scrutinized the insured's past history and upon satisfaction issue the coverage to him/her. But the binder also promises to pay for the damages caused by their client.
It seems that her binder has expired and the insurer has also declined her coverage application for some reason. And if she was not covered at the time of the accident then as Soil-n-mass has mentioned, you have to file the claim with your insurer under UM coverage.
Posted: Fri Dec 28, 2007 11:20 am Post Subject:
Good morning yvonne, and welcome to the community,
You've got some good advise already, but lets go thru this again...
Couple of questions I'd like to know...What state are you in? Were you backing (or pulling) from a parking slot, and other vehicle was driving by (in the driving lane) when you hit them? Who EXACTLY owns the vehicle you were driving (not their names, but your 16 yr old friend, their brother, mom, dad, who) ? Do you (or mom and dad or whomever you live with) have insurance on ANY auto? How old are you? How old is the friend you borrowed the vehicle from? Is the other person claiming injuries? Any passengers? Any witnesses? Any cameras in the parking lot?
well the other party's insurance company is trying to collect from me.
I would expect them too, you AND the owner of the vehicle are responsible for the damage you caused...
i called the local police dept. and they told me that unless i was issued a ticket at the time of the accident stating that i was at fault, then it is the owner of the vehicles responsibility to pay.
Most states both parties (owner and driver) can be held equally responsible, some states the driver is the first ''pocket''...
well as it turns out the police were never called to the accident and i was issued no ticket
This is of no relevance in most accidents...
so i didnt understand why they would fill out a card for the vehicle and then not cover.
It's because your friend didn't pay their insurance premium! I would bet!
then you might forward your claim to your UM coverage.
Sorry Soil-n-mass, this is incorrect information...UM coverage (as it is commonly referred to there are actually two types property damage and bodily injury the latter being the more prevailant and required in most states) do not apply in this instance (neither) UM (bi) covers injuries ONLY that are caused by an uninsured driver....the only way ANY UM coverage could possibly apply to this scenrio is if the other driver is injured they could claim a UM INJURY claim under THEIR policy for our OP causing them an injury or IF they (other driver) had UMPD (which is rare and not all states even offer it), then, again other driver (if this vehicle proves non-insured) could claim their damages under THEIR policy...Our OP's UM (if there is any of any type) couldn't come into play here at all...
then her liability carrier is responsibility to pay towards your claim.
Almost, her liablity carrier (assuming she is a permissive driver) would pay for the other vehicles claim/damage.
The police are absolutely right in the above statement. If you were not issued any citation at the site of accident, you can't be adjudged at-fault.
Sorry, but this too is incorrect...There are many many times that the police will not respond or issue a citiation, this in NO WAY obsolves anyone from responsibility or 'fault'....all accidents (well almost all) have someone that is minimally the majority at fault...This one frankly is an easy one...(if I am understanding the facts of loss correctly), our OP pulled from a parking spot and hit a vehicle that was driving down the lane...Our OP 100% at fault, makes no difference whatsoever that the police didn't issue a ticket..
And from your narration it seems that the other party's insurer also considers that their client was the at-fault driver.
I think you misread her narration....
when i was pulling out of my space. the other car was driving behind me.
OP please answer the questions I've asked and lets see if we can assist you....couple of other things...
You have told your parents right? :wink: And the person who's car you were driving she/he told their parents as well? (I'm assuming here that you are both minors)....Do not 'hide' from the other carrier, tell them you are trying to get some information and will get back to them...How much is the damage, EXACTLY where is the damage to both cars?
We shall await your reply to all of these questions and attempt to assist you the best we can.
Posted: Fri Dec 28, 2007 03:09 pm Post Subject:
Maybe it's just me but I'm still having a tough time figuring out who is who. OP... you mention "owner" several times. The owner of _which_ vehicle?
the owner of the vehicle gave me her insurance card and it said she was covered from the beginning of that particular month.
Here is my take, you backed up into the isle way from the parking space and struck a vehicle that was driving down the isle way behind you. The owner of the vehicle you were driving gave you an temp insurance card and you have the insurance information to the driver of the other vehicle. The other driver tried to file a claim with the owner's carrier who's car you were driving but they are stating that the policy was no in-force at the time of the accident. The other drivers filed a claim with their carrier and now their carrier is attempting to recover. Correct?
Has the owner of the vehicle you were driving received a _written_ denial from their carrier? If the denial is not in writing, it's not a denial.
People can walk into an agents office, hand them a check and get a temp insurance card. If the check is no good, the contract for insurance is not valid (the policy is never in-force). A person could lie completely on the insurance application and when the carrier finds out, the policy can be cancelled as never in-force. There are many reason's for a temp card to be given when the policy is not in-force.
If you have a drivers license, you really should be listed on someones insurance policy. Perhaps your parents? If so, you need to report this accident to your own carrier so that they can protect your interest.
Yes, _you_ can be held responsible for the damages to the other person's vehicle. In some states you are primary but in most states the owner is primarily responsible and the driver is "excess". In any case, if the owners insurance won't address the loss, you can be held responsible.
You need to speak to the owner of the vehicle that you were driving and find out what the situation is with their carrier. You also should call that person's carrier and obtain a copy of any denial in writing (you are entitled to it as you should have been considered an "insured" under that policy... granted, if the policy was not in-force, no one was an "insured"... but they should not have a problem with sending you a copy). Again, if a written denial was not issued, the claim has not been denied and that carrier needs to address the claim. If they don't, then the owner of the vehicle you were driving needs to file a complaint with the state Dept Of Insurance. In any case, you need to report the accident to any carrier who's policy you might be listed on.
Posted: Fri Dec 28, 2007 09:58 pm Post Subject:
I have/took the exact take on this post as you did tcope...hopefully the OP will correct us if we are under an incorrect assumption.
Posted: Fri Dec 28, 2007 11:21 pm Post Subject:
Guess you guys will have to wait and see when she comes back with the information. It is really hard to nail down all the facts with original posts, sometimes we think we are putting in all the relevant information, then you guys come along with all these great questions, that is awesome how you guys pick it apart, just like the insurance company would. You guys do such a great job here, really glad that you two are here.
Posted: Sat Dec 29, 2007 10:16 am Post Subject:
we think we are putting in all the relevant information, then you guys come along with all these great questions, that is awesome how you guys pick it apart, just like the insurance company would
:lol: :D funny how that happens... :lol: very hard to put the 'adjuster' hat down..even if it's not ''our'' claim... :P .well i guess we wouldn't want to here though huh?You guys do such a great job here, really glad that you two are here.
You might hear different from a couple of PA's that visited a time or two, touting crazy information! :wink:Posted: Sat Dec 29, 2007 11:55 am Post Subject:
Being from PA, I have seen some crazy posts on here and wonder where they are coming from myself. I guess it is those "crazy Pa laws" creeping up on them. Or the way they interpre those laws, different people interpret things differently.
We have a client where I work, who has her license suspended indefinately because of medical reasons, (methodone & other issues) plus she has fines and dui conviction. The indefinite status is because of medical, she swears that they are not suspended, even though Penndot put it right there on paper in black and white, LOL. She is pretty furious with us right now. So I know where you are coming from when you say Pa. She keeps saying, I paid my fines, we keep saying "but your license are still suspended indefinately" she just DON'T get it. LOL.
Posted: Sat Dec 29, 2007 01:34 pm Post Subject:
oh sorry on this 'particular' instance (i should've been clearer) i mean ''public adjuster'' for the PA abrev. sorry, but you're right too ! ha ha :)
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