Who is responsible??

by Guest » Tue Jan 22, 2013 08:37 pm
Guest

Last April my boyfriend drove my car while he was drinking, he also did not have a license . I was gone and he called and I told him to take my car back to the house, he did not. He wrecked it into another car. My car was damaged at 6,000 dollars. My insurance paid for the damages but took him to court and he has to pay them back. We both just got a notice in the mail, one in his name and one in mine. It is from the other person's insurance, actually like a collection agency for them. Anyways it says on both that the total owed is 32,000 for damages to the other car. I don't see why I would be getting this bill? I had full coverage on my car at the time of accident. I was not in the car, I was not driving and I told him to bring the car home.

Then as I'm reading the letter that came with the notice it says if you believe you had coverage at the time of incident please fill out this paper and send it back in. It's asking for my policy information, so obviously I plan on filling it out. But my question is am I liable for paying back the damages to the other people??

Total Comments: 6

Posted: Wed Jan 23, 2013 12:47 am Post Subject:

I don't see why I would be getting this bill? I had full coverage on my car at the time of accident. I was not in the car, I was not driving and I told him to bring the car home.


I think you know why your boyfriend is getting the letter. You are getting it for two reasons... 1) the other party does not care who pays the bill... as long as someone pays it and you are the owner and 2) they sent it to you as they either don't know who you have insurance with or are too lazy to find out. It's a collection company that is manned by a bunch of drones. If you don't pay they will simply file suit against you and your boyfriend.

. But my question is am I liable for paying back the damages to the other people??


Depends on state laws. Some states hold the owner as responsible as the operator. The vehicle is a deadly weapon... just like a gun. Its the same as if you gave a loaded weapon to someone. To add to that... you probably knew your boyfriend could not legally drive. How did he get the keys? I'm guessing you left them where he could easily get them... giving him access to a vehicle is could not legally drive... and could not legally drive it for a reason (probably prior DUIs). That is like leaving a loaded gun around a person who shot someone in the past.

I'd recommend that you not send your insurance information to the collection company. If you do, you are relying on them to address this matter for you. _YOU_ need to forward that paperwork to your own carrier and take charge of this situation.

(you also need to lock up your keys when you are not using your car as your boyfriend is a deadbeat)

Posted: Wed Jan 23, 2013 01:27 am Post Subject:

Thank you for the response! So my insurance should pay this? Even though they technically aren't paying for my vehicle to be fixed? I mean they did pay but now he has to pay them back.

Posted: Wed Jan 23, 2013 05:09 am Post Subject:

I'd recommend that you not send your insurance information to the collection company. If you do, you are relying on them to address this matter for you. _YOU_ need to forward that paperwork to your own carrier and take charge of this situation.


This is perfect advice from tcope. If you had insurance, the insurance company owes you a defense, unless your boyfriend was named as an excluded driver on your policy. Since the company paid a claim on your behalf (apparently to fix the damage to your vehicle), then your boyfriend was probably not excluded.

In any event, send the paperwork to your insurance company -- call the claims dept and ask them where to send it. Be sure to send it Certified Mail with a Return Receipt Requested so you have proof that they received it (DON'T LOSE THIS PROOF!!).

But, at the same time, send a separate letter to the collection agency stating that you have turned the matter over to your insurance company (no need to give them any details . . . no policy number . . . no name of the insurance company) and the insurance company will be contacting them. The letter also needs to state, "I do not wish to be contacted by you or any of your employees concerning this matter in any manner except in writing to advise me that the matter has been terminated or that you are taking legal action. Any other communication between your agency or its employees and me more than seven days after the postmark on this letter is a violation of the Fair Debt Collection Practices Act and will be prosecuted." Send this letter Certified Mail with a Return Receipt Requested and be sure to save it too!

Then make sure your boyfriend is getting his money together to pay for the damage he caused, because he might just be about to stick you with the bill.

Posted: Thu Jan 24, 2013 12:54 am Post Subject:

Thank you so much for the reply MaxHerr! He was not names as an excluded driver until September. My insurance required me to name him as an excluded driver in order to keep them as my insurance company. So at the time of the accident he was not excluded. They did say that he was not considered a permissive driver. Does this make any difference?

Also thank you for the information on what to send the collection agency.

Posted: Thu Jan 24, 2013 01:39 am Post Subject:

That means they will not provide him coverage (so if he and you were sued, your carrier would only provide you a defense... your boyfriend would be left to handle his own defense).

In that your carrier is seeking recovery from your boyfriend for the damage to your vehicle, they will do the same for anything paid to the other carrier. Most carriers will turn it over to a collection company (same as the other carrier did) and they may end up filing suit against you boyfriend for the entire amount.

I'm sure he will be quick about paying that off. As he won't, he will have it hanging over his head for a long time. You may very well inherit that debt if you get married. Ironic, huh.

As I mentioned before, you now need to lock up your keys. If you don't, you will be back here in a few months asking for advise as your boyfriend again took the car without permission and wrecked it. This time your carrier won't be paying for the damage and _you_ will be left with the entire bill. If you leave your keys around he _WILL_ take the car!

Posted: Thu Jan 24, 2013 05:13 am Post Subject:

In that your carrier is seeking recovery from your boyfriend for the damage to your vehicle, they will do the same for anything paid to the other carrier.


tcope is correct. The reason for this is that as a non-permissive driver, just like a car thief, your insurance company has no responsibility for your loss or the damage done to others with your vehicle. If they inadvertently paid a claim, they have the right to recover their "loss" too -- from the party that received the economic benefit, which, ultimately, was not you.

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