state law

by Guest » Sat Oct 31, 2009 01:40 am
Guest

My sons girlfriend thinks that just because I have insurance on the car I let him drive she will be covered. I asked her if she had her own on her car but she doesnt. I told her not to drive the car. She got into a wreck in her car without insurance. A big fine and a letter about losing her license(she wont tell anyone what it says)and she still thinks that if a car is insured that means whoever drives it will be covered. How do you get through to someone like that? I just want to make sure that if she takes the car again do I have any recourse?

Total Comments: 5

Posted: Sat Oct 31, 2009 02:31 am Post Subject:

Actually, she might be right.

Many automobile policies contain what's typically referred to as "permissive use" language. This states (if contained in YOUR policy) that an occasional driver who uses the insured vehicle with the permission of the owner/insured and who has a valid driver's license is covered in the insured car.

Not all policies allow for this, but most do. Agents commonly will tell clients that "the insurance follows the vehicle, not the driver."

Regarding that "letter" she received and

She got into a wreck in her car without insurance. A big fine and a letter about losing her license(she wont tell anyone what it says)and she still thinks that if a car is insured that means whoever drives it will be covered.



Depending on the state which you're in, lots can happen to a person who's involved in an uninsured accident. Every state will typically suspend the driver's license of the driver involved, and many, many states will do a WHOLE lot of additional bad things to the driver and the owner of that vehicle. Many states will suspend the registration of the car regardless of whether the owner was actually driving at the time.
She's in for a rough time, and frankly- deserves it.

So, even though she could be covered in your car under your insurance, there's no way on this planet that I would ever allow it. Making an ad hoc value judgment, given her track record and apparent "whiny" attitude, it seems like she still has a lot of growing up to do. Understand- nothing personal in the least. I have three kids, all of whom drive, and they are never allowed to let anyone else drive their cars. They do it and they'll lose the car. Pretty simple.

Finally, you absolutely need to understand that if you are the titled owner/owner of the insurance policy, you are likely liable for any damages caused to others as a result of anyone (other than a car thief) driving that car. So, if your son lets the girly-friend drive the car and she hits a kid on a bike- you're on the hook. Not good at all.

Hope this gives you some insight...let us know if there's anything else!

InsTeacher 8)

Posted: Sat Oct 31, 2009 04:33 am Post Subject:

Here is the part I don't understand.... it's _YOUR_ car... YOU have the keys. How is it that you can't control who drives the car? This person is worthy of your time but when you tell her not to use you car, she does not respect you enough not to use it?

Posted: Sun Nov 01, 2009 11:37 pm Post Subject:

Here is the part I don't understand.... it's _YOUR_ car... YOU have the keys.



Oh yeah...good point.

As far as the OPs question on this:

I just want to make sure that if she takes the car again do I have any recourse?



Call the police and report the car stolen. Your son cannot give permission to let his girly-friend use your car. Without your express or implied permission (she doesn't have implied permission do use the car, does she?) the car would technically be stolen.

Hmmmm.....

InsTeacher

Posted: Mon Nov 02, 2009 01:20 am Post Subject:

Your son cannot give permission to let his girly-friend use your car.

As far as insurance goes, the some can give permissive use. The girl friend has no knowledge that the son cannot loan the car out. For while I had a vehicle titled under my fathers name but it was "my" car. I always had the car. As far as my friend knew, I owed it. So if I loaned it to them as far as they knew, they had every right to be driving the car. When you drive someone else's car you don't run an ownership or registration check on the car and contact those people. That is why you see the police on COPS always ask the person if they knew the vehicle was stolen, how they go the car, etc.

But the situation is not that the son is giving permission, it's that the son thinks if the car is loaned to the girlfriend that she will be covered. So no permission or use is originating from the son.

Posted: Mon Nov 02, 2009 01:40 pm Post Subject:

she still thinks that if a car is insured that means whoever drives it will be covered.

As already posted she's likely right...in my state anyway..

How do you get through to someone like that

How did your son get hooked up with a girl like that? never mind as a mother of a grown son and daughter, I already know the answer :roll: Dag gum it, if those boys would just let their mama's pick out their mates life sure would be easier.. :lol: :wink:

Look the thing is if your boy gives her the car to drive and she wrecks it, chances are reallllllllly good, you'll be on the hook for it, (your policy) however, she doesn't need to know this...

If it were me, I'd take the vehicle away from my son for a min. of 30days the next time I caught him allowing his little sweetie to drive, and I wouldn't care how old he is either. If she is a minor, I'd send a registered letter to her parents telling them she does not have permission to drive my car, and if she does it again, I'll report it stolen.

come on now salem974, who's the parent, (and vehicle OWNER)...here?

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