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cduarte | If the car I am driving is uninsured & I get in an accident & I am not at fault are my damages covered? |
My sister in law came over my home to visit, she was parked behind me and I was going to run out and grab a pizza, I asked her if I could just borrow her car instead of moving it out of the way to take mine. BIG MISTAKE. As I was leaving my block I was making a right hand turn and there was a car making a left hand turn, We where right next to each other. The seventeen year old driving the car changed her mind and instead of making a left turn, she made a right turn, did not bother to look before she stepped on the gas, burned rubber and sideswiped the left side of the car tearing off the bumper and damaging all the front fender and both lights. My sister in laws car is a PT Cruiser and you can just imagine the damages. I found out once I got home that my sister in law did not have car insurance. I called my insurance company and they say I am not covered under my policy. Also have two witnesses who saw other driver was at fault. Will her insurance pay for the damages? Thanks!! |
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jamesfrye
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Insurance Coverage and lincense status does not affect liability in an accident.
If the other vehicle was clearly at fault and they are insured, her insurance company should pay for your sister's property damage claim and any injuries in your or the other vehicle.
If there is no coverage on the at-fault vehicle, they you and your sister will have to personnally seek recompense form at fault driver and/or vehicle owner.
Contrary to the first answer (even in Cal) you are not automatically at-fault without insurance.
Technically, you are not even always at fault if DUI-but most of the time a DUI will be listed as such anyway. |
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wrkey
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Ok.. here's the deal....
1. You insurance is 'playing dead' but may be responsible for paying under the rental/part time usage clause of the policy. I would ask for the full policy document and review in closely in this regards. You policy should cover this accident under the Liability section IF you are at fault in the accident. If you have uninsured/underinsured motorist provision and the other person either doens't have insurance or you can't find them, then it would be covered there as well. Remember, your policy covers two aspects.. your car and whomever drives it and you driving other vehicles. If you believe either of these cases to be true, then be firm and force the insurance company to file a claim on your policy. Be aware however, that your insurance rates will be increased at the next renewal period and/or they will refuse to renew.
2. If the accident was the other drivers fault and they have admitted fault in a written statement or they are willing to admit fault in a recorded statement to the insurance company or there is a police report noting they are at fault... then your sister can file on their insurance regardless of the status of her insurance policy. However, if you don't have a police report you can bet that no one is going to admit to being at fault and their insurance company will deny any claim you make. You might be able to fill out a police report after the fact as long as you have all the information from the other driver (DL, Insurance, etc) and you have non-partisian witnesses (complete strangers with no financial interest). However, be aware that filing a police report could bring about charges against you for driving with out insurance.
If you don't have a police report your best bet is to hammer on your insurance company to pay. However, you'll have this claim on your driving record for 3 years or more and pay higher premiums from now on. You just have to weigh the advantages/disadvantages of filing.
Hope this helps and good luck! |
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mbrcatz
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If she has insurance, it should pay for the damage to your SIL's car, as long as the accident is 100% her fault. Whether or not that PT Cruiser is covered is irrelevant.
The question to me is, were there two lanes? Or is she going to claim that you tried passing her on the inside when she was making a right hand turn? If the latter, the accident would be YOUR fault.
Most likely, she's going to contest fault, in which case the two insurance companies normally battle it out, but in this case, your SIL will probably have to sue her.
BTW, you MAY need to report this to your insurance company, because if the other party thinks YOU are at fault, you could still be sued. In which case, your insurance company SHOULD defend you. But they won't cover the damage to your SIL's car in either case. |
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carlenerhodes@sbcglobal.net
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I don't think you have said whether the other drive had insurance as You would firs rt go for her to be at fault..If it is decided that you are not at fault,t he other driver is responsible.
.But if not her fault Well, if your Own CAR HAS property damage coverage on your car, it is supposed to step in and pay for the PT Cruiser damages ( it appears to be a long battle here of pointing fingers.for several months.-Good luck)
That's the way it should, but if your car or your sister-in-law s is not insured, then I can understand WHY your agent told you that. |
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Q.S.G
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They should cover it. Most likely your sister will be reported for not having insurance and will have to carry an SR22 bond. |
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dolphin2253
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Her insurance should pay but being it's not even your car...I'm not positive. |
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efrankdeniro
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They must pay anyway |
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hummingbird
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Did you call the police and get a police report? If the other person is at fault and their insurance company admits liability, they will pay the damages. Your insurance company would not cover unless you lent YOUR car to your sister in law. Do you know who the other driver's insurance company is? If you do, your sister in law needs to call and report this accident and see if an adjuster has been assigned. Call your witnesses and let them know that you'll need them to talk to the adjuster. One thing to keep in mind, if you live in a no fault state, the other insurance company will NOT pay for the damages even tho it's their fault. If this other driver does not have insurance, you will need to take them to small claims court if the damages are below the maximum amount you can sue for in small claims court. |
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john d
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You are in deep dog dew. Don't wait any longer here. Call your insurance agent and ask him. I know your not covered by your insurance but they should know what the rules on that are in your state. It can swing from the driver who hit you pays, to you have no insurance so YOU not your sister-in-law pays. YOU were driving an uninsured car. YOU are toast depending on what state your in. Get a lawyer and it may be well worth your trouble to get some legal help now rather than later.
I promise later will be more expensive. This is a prime example of why you don't borrow some one's car. |
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5seriesfan
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Yes her insurance will pay for the damages if they find her at fault. Hope that she has insurance and is found negligent. |
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Kitty
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AUTO insurance IS the LAW here in the u.s.a. so if you were driving without any... court proceedings will be NOT in your favor! No matter who causes an accident, you did something illegal and SO did your sister!
It is easy to do the right thing... having insurance will NOT KILL you... if you can afford a car then you can afford the insurance. NEVER use anyones car yes even family as you have found out!! |
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smartypants909
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In California, any driver who is in an accident without insurance is automatically at fault, no matter who caused the accident. |
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Bramblyspam
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The laws may vary from state to state, but in general, the person who caused the accident is the person responsible for paying the damages. Why should you be responsible for fixing damage that was caused by someone else?
I recommend talking to a lawyer about this. You should be able to get an initial consultation for free, so don't worry about the cost. |
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