by Guest » Tue Aug 12, 2008 07:11 pm
I live in PA and was in a car accident about two months ago. My insurance company said I'm considered the majority at fault since I had a stop sign and the other party didn't. I found out recently that the other person didn't have auto insurance and the car they had is now reported stolen (they had a rental and NEVER reported the accident to them nor did they stay for the police). If the vehicle is ever recovered, will my insurance still pay the claim even if the car is now stolen and hasn't been looked at after the accident two months ago? This person hasn't been seen since the accident, doesn't return anyone's calls or anything. Do I have a right to request my insurance refuse to pay the damages and make the other person pay out of pocket for the damages to the rental?
Posted: Wed Aug 13, 2008 04:04 am Post Subject:
If you seek my personal opinion in this regard, I'd have requested the insurance company to drop the matter. The 'no pay, no play' policy should get followed in every state.
However, if the other driver has evaporated from the face of earth after the accident, with whom the insurance company is now dealing with?
Posted: Wed Aug 13, 2008 04:12 am Post Subject:
The car being stolen has no bearing on your liabilty in the matter. Same as if I rear ended you but you had forgotten to renew your drivers license. "No pay No play" is not a law in PA so it does not apply. You are liable to the owner of the other vehicle.
Posted: Wed Aug 13, 2008 04:50 am Post Subject:
I second what tcope has said....you're still liable for the losses caused to the other driver.
The policy of the insurance company will also play an important role in this matter. You can ask for their opinion as well.
Posted: Wed Aug 13, 2008 06:08 am Post Subject:
My insurance company said I'm considered the majority at fault since I had a stop sign and the other party didn't.
I think thats more important than all other things right now.
tcope's said the right thing..any mistake committed by someone else doesn't lessen the effects of my mistakes for instance! What do you think is the root cause of this accident in the first place?
If its attached to your point of negligence...then you ought to bear the liability!
The other party's not bearing the right kinda coverage would cause them troubles for what they are liable..& not for what you're liable!
ArindamSenIndies
Posted: Wed Aug 13, 2008 09:54 am Post Subject:
There is an issue however if your carrier has (for what reason again?) not inspected the vehicle 2 months post loss? If the owner of the vehicle ulitmately reported it stolen could be that their carrier is handling this and other damage under their comp coverage...
Your free to ask anything you'd like however in a liablity situation they won't take your wishes into account...sorry...but definately contact them to see what's going on with the claim.
Posted: Wed Aug 13, 2008 02:00 pm Post Subject:
I think you are still liable to pay the insurance as you are the party at major fault whether the other party has insurance or not
Posted: Wed Aug 13, 2008 08:01 pm Post Subject:
from OP in my inbox (sorry Goldenpark apparently you are not registered as I could not send you a pm)...
Lori, I'm worried the car will reappear in the near future with more damages and the owner will seek payment from my insurance company. Will my insurance still pay? I only noticed paint on the other vehicle, but what if they get into another accident and the car is damaged more and they blame me. Is there a time limit you have to submit claims in PA for damages to your car
Yes, and no...there is generally no 'set' time, but all policys say something like, 'you will PROMPTLY report ALL accidents' if you have not reported this to your carrier (I did not realize that if that is the case)...then do it now! You have every reason to be concerned that your above mentioned sceniro could happen it happens alot! Or can you personally contact the owner of the vehicle? If so ask them if there is any damage, and if none they are claiming would they be kind enough to send you something in writing that says so...this must come from the owner....let us know....and call your carrier!Posted: Thu Aug 21, 2008 03:15 pm Post Subject:
You still liable to pay the insurance.
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