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Questions About Auto Insurance & Accidents

4410 messages,  Last post on Nov 29, 2009 at 5:58 AM

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#2015 of 4410
Re: New Car only 350 miles [patcof2] by mikefm58
Sep 12, 2006 (10:50 am)
Reply

Replying to: patcof2 (Sep 12, 2006 9:30 am)

" The point is a repaired car is not a new car. "
 
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.
#2016 of 4410
Re: New Car only 350 miles [patcof2] by mark156
Sep 12, 2006 (3:51 pm)
Reply

Replying to: patcof2 (Sep 12, 2006 9:30 am)

Patcof2, describe the damage on your car so that we can get a better understanding how bad it is.
 
Did you have to go away in an ambulance?
 
Mark
#2017 of 4410
Question by mikefm58
Sep 14, 2006 (3:35 am)
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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?
#2018 of 4410
Re: Question [mikefm58] by mark156
Sep 14, 2006 (7:21 am)
Reply

Replying to: mikefm58 (Sep 14, 2006 3:35 am)

The rule is... If you let someone borrow your car, you are also borrowing their insurance. The insurance follows the car no matter who is driving.
 
Mark
#2019 of 4410
mikefm by marsha7
Sep 14, 2006 (9:19 am)
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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...
#2020 of 4410
Re: mikefm [marsha7] by jlawrence01
Sep 14, 2006 (9:57 am)
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Replying to: marsha7 (Sep 14, 2006 9:19 am)

Agreed.
 
Generally in most accident cases, the plaintiff sues EVERYONE in sight (Owner, driver, employer, etc.) and lets the judge sort it out.
#2021 of 4410
Re: mikefm [marsha7] by mikefm58
Sep 14, 2006 (10:43 am)
Reply

Replying to: marsha7 (Sep 14, 2006 9:19 am)

Thx for your help. Actually the wife and I got in to an argument about my son driving someone else's car while he is at college. The issue was, who's insurance would pay if he got in an accident. His car is left at home so we're paying a reduced amount for his insurance, $2K savings per year, he's a baaaaad driver.
#2022 of 4410
Re: mikefm [mikefm58] by lilyowen
Sep 14, 2006 (5:28 pm)
Reply

Replying to: mikefm58 (Sep 14, 2006 10:43 am)

mikefm58:
 
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.
#2023 of 4410
Re: mikefm [lilyowen] by mikefm58
Sep 15, 2006 (2:33 pm)
Reply

Replying to: lilyowen (Sep 14, 2006 5:28 pm)

Already taken care of all that. He's rated on one of the vehicles at the house, while he's away at college, 240 miles away. His official status is "household resident, away at school". He can drive the car when he's home for weekends or vacations, or any car in the household, and he's covered.
#2024 of 4410
Re: New Car only 350 miles [mark156] by patcof2
Sep 15, 2006 (3:12 pm)
Reply

Replying to: mark156 (Sep 12, 2006 3:51 pm)

Sorry been out of it this past week. Anyway, the car has about 5K in damages they can see, this is not including unseen damage. They will find that out once the repairs start. The fact is, how would anyone like to save for 10 yrs., finally get a new car, then have it munched??? I don't understand the snotty attitudes when all I am doing is trying to get help. I have never been in an accident (I am 52 yrs. old). I also have injuries and now off work for these two weeks do to "whiplash" and tingling and numbness in my arms and hands. I don't expect to be paid for "my love affair with my car", I only want what is due to me as this rear end was not my fault. The driver at fault has been charged with reckless driving. So once this car is fixed, would any of you like to buy it, knowing it has been in an accident?

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