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Islandkiwi | Can you go after owner of car if driver is uninsured? |
My wife was in a car accident, the driver was an uninsured motorist. He was an adult, and he was driving his father's car. So can you pursue the father through his insurance? It was his car, the car is insured, and the car was not reported as stolen or anything like that.
We do have uninsured motorist coverage ourselves, but putting it on our insarance would likely raise our rates. Any advice? |
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mbrcatz
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Absolutely. I've seen some amazing payouts in cases similar to yours. Dad's insurance may or may not cover it, but DAD is on the hook. You can get a lein on his house!! Garnish HIS wages, and attach HIS bank account. It will take a long time - six months to two years, as you'll have to sue dad.
Uninsured motorist coverage is a liability coverage - and if you collect under it, your insurance company will go after them. It usually does NOT raise your rates. |
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Paige2
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Insurance follows the car - not the driver. If this father has insurance on the car, he is liable for anyone driving it (providing that person was permitted to drive it).
Call your insurance company and file a claim. Your insurance rate won't be affected if it was not your wife's fault. Let them get a hold the party involved and settle for you. It's too much of a hassle to do it yourself and it sometimes becomes too stressful. That's what you pay insurance for.
Whether it's your fault or not, it's your insurance company's job to take care of any incidents you may have. |
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stephenl1950
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If he didn,t steal the car the owner can be held responsible in most states. your insurance company should be able to fill you in on your legal rights. |
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Rexy
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The insurance would be paid out by the company insuring the car, not the driver, permitting permission was granted. Most companies will pay claims arising out of accidents caused by an immediate family member as there is usually an assumed permission and access to the vehicle. The only thing you may have to worry about is if this uninsured driver was specifically excluded on his dad's policy. If that's the case, then you would have to pursue your damages through a lawsuit. I hope you were given contact information from this man and obtained his father's insurance information as you should call the insurance company to report your damages and recover your loss. You can also claim it under your own insurance if there was any physical damage to your vehicle. If you do not carry collision coverage, then you wouldn't be paid anything under your own policy. If you do cover collision, then you would end up getting the damages less your deductible (which you could take the driver to small claims court to recoup if desired). The uninsured motorist portion of your insurance policy covers medical bills to you and anyone in your car in the event you're hit by someone who doesn't have liability coverage on their car. Your best bet is to go through the owner of the vehicle's insurance policy to recoup your loss. I would only go to court as a last resort. |
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Eric
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usually in small claims. |
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bbumple
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You have two possible choices; file a claim against the car owners insurance policy or file a claim against your own policy under the un-insured motorist coverage.
You want to file a claim first against the car owners policy and see if this is a situation that is covered by that policy or not. You do not have enough information to know if it is covered or not, this is why I suggest filing the claim and they will determine if it is covered. If they tell you it is not covered, then on to option 2.
To file a claim against your own policy you would notify your insurance carrier and explain the situation. If and when they settle the claim with your wife, your insurance company will pursue the person who was driving the car to repay the money that they have paid out. Every company is different in how they rate their premiums, so I cant tell you what kind of impact this would have on your premium. However, think of it this way, you have paid all of that money for un-insured motorist coverage over the years, might as well use it.
All of the statutes that govern how insurance works are state by state so it is difficult to give you a real specific answer without knowing what state you live in. |
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mamatohaley+1
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In most states insurance follows the car so it would be the dad's insurance and not the drivers that would pay. File a claim under his insurance, the worst that would happen is they would deny |
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nas88caror 300
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i would..if i was you ..the car owner is responsible to make sure the driver of that car is insured...at least in ILLINOIS and am sure it is the same way in all states..tat require you to have car insurance..if the driver of the car is not insured ..the owner is responsible ..ask your agent..it might be better handled by him/her..i hope your wife is ok., that is more important..a car is replaceable |
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Brandon A
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not sure. but you can DEFINITELY sue. no one is allowed to drive unless they have liability. |
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kittyrogers
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Then you can go after the father if indeed he is insured. You cannot claim under YOUR insurance for uninsured motorists, because the other car was insured. Follow up with your agent if you have one. |
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antshed
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Your insurance company should get them if you have uninsured coverage. So they do not have to pay you. That is why you pay it. It will not make your insurance go up. I thought the same thing. Call them and ask. You should be covered with out it going up especially if you record is clean. |
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Good♥Gyrl
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It doesn't matter that he was uninsured. The father's insurance would cover this accident, since insurance follows the vehicle, not the driver. Now, with that said, if the driver was uninsured and the father could have known, his insurance company might deny his claim and not pay, at which point he would be liable. Your insurance company, should you file a claim on your own policy under your uninsured/underinsured motorists coverage, will definitely subrogate and sue the father/son for the money. Or, you can get your own attorney and sue them on your own if you don't want your insurance company involved. |
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Loollea
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of course you go after the owner of the vehicle, and if the car is not reported as stolen then it was being used with the owners permission and the driver is insured under the fathers policy
uninsured motorist coverage only covers bodily injury and his policy should cover your wifes injuries, if not, you can file under your policy and if you own more than 1 car you can stack the coverages to provide enough coverage
this is a Not At Fault accident so it will not raise your rates |
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MCNY
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yes. you could go after the owner of the car. if you have full coverage, your own insurance company will pay for it and negotiate with the other insurance company on your behalf. |
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First Lady
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I didn't think your rates would increase unless YOU were at fault not if someone else was at fault. I wouldn't go sue happy just yet. Try talking to the owner of the car and see what he says if he's willing to work something out. Talk to your insurance company and ask them if your rates would increase since it wasn't your wife's fault. Talk to an attorney if all else fails. |
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DUNNA
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yes, you can. find a reasonable lawyer and let him take care of the rest. years ago I was hit by an unisured person and the courts put him on probation until he finished paying me if not he went to jail. forget the reasonable lawyer fill a claim with the courts and you can do it yourself much cheaper. |
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blondearies123
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I would talk out a deal. I think the dad of the person who hit you should just say that he was driving,that way everything works out like a regular accident. |
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MrZ
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You certainly can!
Depends on amount you want.
Small amount, go to small claims court. Pay fee. If you win, he will also pay this fee of yours in addition to what you sue for (provided that you ask for it!, in writing, on your complaint form). .
Large amount, perhaps over $1,500. (Depends on what state you live in; call courthouse).
Hire lawyer (big bucks), pay lawyer (big bucks) got to judge (free at first) have trial if other motorist disagrees. Pay more to lawyer for trial (big bucks), go to trial, judge will decide who wins.
If you lose, you out lots of money for lawyer and also court costs.
If you win, he pays for everything.
BUT!!!!! It is your problem to collect from him. If he does not pay, you must go back to court again and start over again.
So best idea: Work out reasonable amount (bucks) that you can both agree to, and settle out of court.
Second best idea: go to small claims court. No lawyers needed.
You decide which is best for your situation. |
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