by nyckiid » Tue Jun 02, 2009 04:48 am
let me make my story short ... my girlfriends brother lives in Pennsylvania, he left to Peru a few weeks back and left his car park at his mothers house in nyc (left out of jfk)... During the weekend i decided to take the keys to go out that night..didnt tell anyone..that night my girlfriend met me a a club ..when we left i told her i had the car ..she immediately told me to take it back ..on the way back we was t-bone by a yellow cab ... i really don't recall anything from the accident .. but because i had alcohol on my breath i was charged with dwi .. now when i went to court my attorney begged me to plead guilty to a misdemeanor because i had a prior dui and she said it could turn into a Felony .. so now i plead guilty to the misdemeanor ... Now the owner of the car doesn't know this has happen yet and i didnt mention it to the police that i had taken it without permission .. and my girlfriend didnt say anything either .. but now im afraid to what can happen to her brother .. should i call his insurance and inform them i took the car without permission ... should i call him so he can call from over there .. can i place a complain against me from over there .. i really want him to be covered so his insurance covers him .. even if that means i get in more trouble .. please advise what to do thank you ... some facts my girlfriend doesnt live with her mother .. we were visiting do it almost every day ... i have driving the vehicle before but only when his mother own it .. less than i month ago she gave it to him and he took it and insured it in his state
Posted: Thu Jun 04, 2009 12:03 am Post Subject:
i'm a little confused i thought if i was found guilty of causing the accident , the insurance wont pay my brother in law anything and he wont be protected against a lawsuit from the other driver.
im looking for the best outcome for my brother in law .. basically tht the other driver is covered, and tht he gets is car back and his sisters is covered as well
the facts of the accident are a grey area to me since i dont recall anything of it .. i woke up in the hospital and never saw it coming .. i got the accident report IM POSTING IT .. my wife says i was going thru the light turning yellow to red..since i dont remember a thing i cant say ..
the insurance people told my brother in law that i if i took the car without his consent ..that his car , his sister and the other driver will be covered by them, except me
i just need to know whats best to do say i took it without permission .. or if i did
another thing .. this is why people get insurance for to be protected in times like these .. i aint trying to scam any insurance company .. what makes insurance rates so high is all these auto lawsuits of people that arent seriously hurt looking for a payday , not my case , and my wife not doing that either .. just looking to cover her med bill ..but i bet a million my ny cabbie friend will all the sudden have neck and back pain for the rest of his life and will look for that nice payday ... (i saw him he was fine , when he was released from the hosptal)...
Posted: Thu Jun 04, 2009 04:44 am Post Subject:
Hi nyckiid,
i woke up in the hospital and never saw it coming
The report confirms that you're unsure of what followed because you don't remember anything.
It clearly states that driver veh 2 was at 40 street crossing Park ave. with the light when he got struck and none witnesses it.
Did you share this report with your attorney?
Did your wife share the light turning 'yellow to red' with your attorney?
Steven
Posted: Thu Jun 04, 2009 05:03 am Post Subject:
Okay Nykiid, in a police report normally the car that is mentioned as #1 is said to be at-fault. I can see that the Honda Civic with 2 occupants was declared as the #1 contributor to the accident. So you understand that the police report isn't actually in your favor.
Moreover, you should understand that you are not at the position to judge whether or not the other driver other driver was injured enough to claim wage loss. So, let the insurance company handle the issue.
Have you filed the claim with the insurer yet? And, since the insurer wouldn't cover your costs, do you have health insurance to pay for your medical expenses.
Posted: Thu Jun 04, 2009 10:37 am Post Subject:
Your brother in law is going to be covered regardless since YOU took the vehicle without permission. The others injured will be covered too since it was your actions that caused the wreck. I really do not think your brother in law has anything to worry about.
If you think you get angry because the other people may make false claims on their injuries imagine how those following the insurance rules feel when their rates go up over this kind of thing. Hopefully this was a learning experience for you and next time you will not treat other people property as your own.
Posted: Thu Jun 04, 2009 08:51 pm Post Subject:
well just got off with the person filling the claim in my brother in laws insurance company .. this is what he told me , since i took the car without permission my brother in law is covered , his car , his sister , and the car i got into the accident with as well as the driver.
As for me he says under NY law the insurance company will deny a claim to pay my medical bills because i was DUI...but he said since is an PA policy im entitle to $5000 towards medical bills if i file under PA and not NY.. dont know if this is truth or not but atleast everyone else is covered ..
Posted: Thu Jun 04, 2009 08:56 pm Post Subject:
the insurance people told my brother in law that i if i took the car without his consent ..that his car , his sister and the other driver will be covered by them, except me
Are you sure you don't have this backwards? If you took it with permission you would be an insured driver under the policy...and everyone would be covered...(you too 'if' there is PIP or medpay) under the vehicle policy...If you took it without permission (stole it)...then your brothers vehicle damage ONLY would be covered, you would go to jail for theft of an auto...You need to check this out..because I'm just certain you have this reversed...if a vehicle is stolen, no insurance company in the world is going to pay for the damages that car thief causes to another...physical or otherwise...however if you are an insured driver then yes.Why were you arrested? DUI only?
Why is this an 'amended' report? what does the original say?
Even if you were going thru a yellow if the light did not turn red while you were in the intersection then you should'n't get the bulk of the negligence...sounds like the cabby was anticipating the light change... 'maybe'...if your wife is correct...if you look at the diagram the cabby had his entire vehicle into the intersection, you did not...in fact he had already crossed one complete lane of traffic at impact, you only have about half of your vehicle into the intersection...this is NOT t-bone accident.
my wife says i was going thru the light turning yellow to red
..based on where your vehicle is and the other vehicle is, I'd say that light turned red by the time you hit that intersection...i'm a little confused i thought if i was found guilty of causing the accident , the insurance wont pay my brother in law anything and he wont be protected against a lawsuit from the other driver.
No this is not correct...if you are deemed an insured driver under the policy (driving with permission), and found at fault, your bro-in-laws carrier, will settle with the other folks and protect any suit...what makes insurance rates so high is all these auto lawsuits of people that arent seriously hurt looking for a payday ,
I'll tell you what's going to make your poor brother in laws auto rates higher than a cats back for atleast 3 years..is that HIS brother in law took his car got drunk, wrecked it, (maybe totaled), damaged another vehicle, hurt the cabby, hurt HIS sister..and now HE not you, will be paying extremely high insurance premiums, and you...won't affect your ins. you won't be driving for a long time, (that pesky dui thing)...THAT my dear is the reason that these rates are going to be high...not a damn thing to do with the cabby's injury...he's out working trying to make a living, and some drunk plows him with a stolen car...dude, you got your nerve throwing stones at him, I tell ya'...if you would've either stayed sober, or walked, none of this would've happen...I just can't believe your nerve! Seriously dude, what if that cab would've had a mama, and her two babies in his cab or maybe your mama and grandma? What if some drunk did this to your wife and kids? Back off the cabby....but i bet a million my ny cabbie friend will all the sudden have neck and back pain for the rest of his life and will look for that nice payday ... (i saw him he was fine , when he was released from the hosptal)...
Clearly you don't have million bucks...and you don't know this guy...maybe not, maybe he is hurt...ever been hit by a drunk before? It hurts...AND you not only injured him you took his way of making a living away from him too! (his cab)..............geeze...I'm really put out with you right now....He's out bustin' his hump to support himself and his family....when BAM! YOUR drunk butt changed his life, maybe forever...what were you doing? oh yeah.... :roll: :roll: :roll:Posted: Thu Jun 04, 2009 09:54 pm Post Subject:
grrr im more confused than ever ... what i said is exactly what the guy said ...
is it maybe the insurance companies way of forcing my brother in law to basically press charges against me so they wont have to pay the claims.?
i think the have like 2 different kinds of using a vehicle without consent , one like in my case when someone uses the car but without the owners knowledge (like a son taking his dads car) and then there's an outright car theft.
maybe thats the case
i was only arrested for the dui , my brother in law been out the country for 3 weeks and be out for another 3 weeks .. so basically pressing charges agaist me wont be an option till that time . and i guess only if necessary to protect himself.
I think because the DUI the insurance company wont cover him , if he says i had permission , especially since i aint listed as a driver in his policy.
As for the accident report thats the original .. and for the facts as to how it happen it would help if i could remember anything , i saw the car im very lucky to be alive the damage was intensive.. Cabs usually drive in the city up to speed waiting for the light to change (since they do in sequence) .. but i cant prove that .. and basically noone will believe anything i say because of the dui ..
Posted: Fri Jun 05, 2009 04:39 am Post Subject:
Taking the car with or without permission... there is still coverage for the owner. It's just if the car is "stolen" then the owner is not liable for the use so the owners insurance will deny the other person's claim and provide their insured a defense if needed. You would still be liable and left to settle with the other person. However, it's _extreemly_ difficult for the carrier to deny a claim as a "stolen" vehicle unless there is a theft report and even then they need to show that the person driving did not just take the car without permission... which is what happen in this case. Again, there is still a difference between someone who has access to the vehicle and just no permission to drive the car and someone who steals the car. In this case, you did not steal the car.
The policy should not provide _you_ coverage if you took the car without permission. But that is probably a moot point as the owners insurance carrier should cover the loss for the owner/their insured anyway.
Posted: Fri Jun 05, 2009 07:22 am Post Subject:
Hi NYCkiid,
is it maybe the insurance companies way of forcing my brother in law to basically press charges against me so they wont have to pay the claims.?
Well, I wouldn't deny the possibility completely. The insurance company may try to pursue your brother-in-law to press theft charge against you to avoid compensating the other driver. But I doubt that they would be successful in doing so since you had access to the keys and there is no breaking-in.
However, I couldn't really understand your following statement...
As for me he says under NY law the insurance company will deny a claim to pay my medical bills because i was DUI...but he said since is an PA policy im entitle to $5000 towards medical bills if i file under PA and not NY
Are they proposing you to file under your policy instead?
Kelvin
Posted: Fri Jun 05, 2009 09:52 am Post Subject:
Hi nyckiid,
so basically pressing charges agaist me wont be an option till that time . and i guess only if necessary to protect himself.
Didn't he intend not to press any charges against you?
but i cant prove that .. and basically noone will believe anything i say because of the dui ..
Somewhere you did mention that your wife witnessed the light turning yellow to red. Did you share this truth with anyone yet?
Steven
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