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 Posted: Fri Mar 07, 2008 8:51 pm Post subject: Friend driving jumped curb, possibly totalled my car |
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Hello -
Recently, a friend was driving my car - I was in the passenger seat - he started driving like a jack-ass, skidded and jumped a curb.
He is kind of an idiot, but so am I for letting him drive.
He has taken reponsibility, and was working on having it fixed on his dime, but it looks like the damage to suspension etc is enough to effectively total the car.
Although he is willing to pay a fair price for the car, I don't want to wipe him out financially. Should I just contact my insurance and explain the situation?
The accident occured two weeks ago, will this present any problems?
There is no police report since we were able to drive back to his house, and only later realized the extent of the damage. No injuries, no other property damage, no other people/cars involved at all.
Any advice? I have a great driving record, and although he has offered to pay for increased insurance costs (which will be difficult to determine exactly) I don't want the this black mark on my record.
Any feedback would be greatly appreciated.
Thanks - M |
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quakemike
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Joined: 07 Mar 2008
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| Posted: Sat Mar 08, 2008 1:14 pm Post subject: |
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| Ever watch Judge Judy? Not trying to be funny here or anything but I watch it everyday. Don't know if this would apply but him promising to fix it is an oral contract, at least I would think it was. You could always take him to small claims court if you ever had to. Someone here will give you a much better answer but thought I would help settle your mind a little. I have a brother that likes to do this knid of thing. Anytime one of us gets a new vechicle he thinks he needs to test drive it with one of us in it..pulls this same crap..needless to say I no longer let him "try it out". |
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fireyone
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Joined: 07 Jan 2008
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| Posted: Sun Mar 09, 2008 12:00 pm Post subject: |
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Good morning quakemike, and welcome to the community....Well I'm glad to see that you accept some responsiblity for allowing him to drive, and even happier that he is going to pay for the damage...
Here's the trouble, if you turn it into your carrier, they will pay the claim, (assuming you have collision coverage, minus your deductible) they will consider this an 'at fault' or 'chargeable' accident thus (more than likley) triggering a rate increase, they further more than likely will not present a subrogation claim against him, as he would be considered an insured driver under the terms of the policy (he was a 'permissive driver')....so if you dont' want to risk a rate increase, better let him pay it, because legally he's probably not liable for it, (as far as the insurance contract goes)...(this of course is state dependent)....
If you'd like I'll run your vehicle and get a value for you, you can then also check some other sources...How much is the total cost of repair? Also if you want, supply the yr/make/model/mileage, ALL options and if there is any other prior unrepaired damage...he would owe you (if it's a total) the ACV (actual cash value) MINUS the salvage value, assuming you want to keep the vehicle...or the full ACV and you sign the car over to him...
Let us know if we can provide any more 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: Sun Mar 09, 2008 5:01 pm Post subject: |
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" they further more than likely will not present a subrogation claim against him, as he would be considered an insured driver under the terms of the policy (he was a 'permissive driver')" Darn... the only thing I thought I could add and it's pulled right out from under me! 
Odd... the OP has a right of recovery against the driver but once the OP files a claim, the right of recovery is transferred to the carrier and they cannot use it as the driver would be considered an insured (offered liability coverage) so the carrier cannot use that right of recovery.
I think that is important to note. |
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tcope
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| Posted: Mon Mar 10, 2008 11:25 am Post subject: |
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| Quote: | | they further more than likely will not present a subrogation claim against him, as he would be considered an insured driver under the terms of the policy (he was a 'permissive driver')" Darn... the only thing I thought I could add and it's pulled right out from under me! |
 you're so funny...you know you always add quality to all threads! 
_________________
"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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Joined: 10 Sep 2007
Posts: 7538
Location: Missouri
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