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Smart Shopper Questions About Auto Insurance & Accidents
4410 messages, Last post on Nov 29, 2009 at 5:58 AM
You are in the Smart Shopper Forum. Your Hosts are kirstie_h & tidester
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Replying to: patcof2 (Sep 12, 2006 7:10 am) Obviously, a repair doesn't make a car new. It's only a restoration of the physical condition and has nothing to do with "age." You are entitled to the provisions of your insurance policy. I doubt it says you will get a new car for a fender bender. tidester, host
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Replying to: tidester (Sep 12, 2006 8:47 am) |
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Replying to: patcof2 (Sep 12, 2006 9:30 am) You are absolutely correct. But your car isn't new. It's a 2 week old used car. Even if you had just driven the car off the lot and gone only 10 yards down the road, the situation would be the same. I know it sucks, but that's the way things work. If you're vehicle was totalled, you'd be out a few grand. |
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Replying to: patcof2 (Sep 12, 2006 9:30 am) Did you have to go away in an ambulance? Mark
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If I'm in an accident and driving some else's car, who pays, my insurance or the insurance of the owner on the car I was driving?
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Replying to: mikefm58 (Sep 14, 2006 3:35 am) Mark 
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The insurance of the car is primary...if the car is uninsured or underinsured, then you can go to your policy...if you do not drive or do not have insurance yourself, you may have group health for your injuries... I am assuming (there I go again) that the other guy was not at fault, altho in a no-fault state, some require that you always go to your insurance, in which case the above rule should apply... Altho I have seen many cases where the victim was driving someone else's car, used the car's collision to repair the car, but used their own medpay for their injuries, since the car's insurance did not include medpay... Sometimes being an atty is like trying to figure out Rubik's Cube...
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Replying to: marsha7 (Sep 14, 2006 9:19 am) Generally in most accident cases, the plaintiff sues EVERYONE in sight (Owner, driver, employer, etc.) and lets the judge sort it out. |
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Replying to: marsha7 (Sep 14, 2006 9:19 am)
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Replying to: mikefm58 (Sep 14, 2006 10:43 am) Something else you should know. While I'm not sure if you specifically excluded your son from your policy, or simply removed him from the same .. you should know the difference. I'd suggest that you make sure that your son is insured ... I mean, if he's driving, he should be insured .. you never know what the limits are of the person's car he is driving, or if they even have insurance at all. In fact, you may get him a named operator policy (that is if he NEVER drives any vehicle you guys own while he has this type of coverage) Also, depending on the insurance company, you may get one "freebie" if you haven't specifically excluded him. It depends on whether your carrier will deny for misreps -- some do, some don't. But, likely if he is only away from home part time he would still be included under your policy -- I would read the language to determine this specifically, however. Also, don't expect your carrier to let that slide easily -- if you did indeed remove him from the policy and then he was involved in an accident which you attempted to claim -- if they paid out they surely would add him to the policy immediatly and backdate charges to when you dropped him.
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