by manymayknow » Tue Oct 14, 2008 05:07 pm
I am trying to find out what rights I have in an accident that I was involved in this past April. I was backing out my driveway, there was a car parked in the middle of the road in front of neighbors' house. I checked my mirrors before I backed out and didn't see the car. The person did not have his driver's license and it's his wife's insurance who is trying to make me pay. Can someone please help? They are threatening to garnish my bank accounts, can they do that? What are my rights? I was driving my husband's truck, he has insurance but I was not a covered driver under it yet. :?
Posted: Tue Oct 14, 2008 06:44 pm Post Subject:
First, did you report the claim to your husbands carrier yet? If not, you need to report it and see if they will pay the claim. Though every application I've seen asks if you are married. If you were married at the time the application was filled out, they may rescind your husbands policy (better now then later... and then at least they would refund the premiums). As it stands now, you were a permissive user of the vehicle. Unless there is a specific exclusion on your policy that excludes people living in the household that are not listed on the policy, they will either need to pay the claim or rescind the policy. Again, if they rescind the policy (cancel it as never in-force) your back where you were but with all the paid premiums in your pocket. I don't think such an exclusion exists and they _may_ pay your claim.
I'm not an attorney but the only way I know of for someone to garnish wages is by filing suit, obtaining a judgment and filing a Writ of Garnishment. They could then do as they mentioned. It is certainly a possibility.
Your rights? You have a right to pay for the damage you caused. I'd highly recommend that you call your insurance company and report the claim if you have not done so already. You could also see about setting up payments to the other carrier.
Posted: Tue Oct 14, 2008 07:22 pm Post Subject:
I did contact my husband's insurance carrier, they denied the claim. The other person that was involved is taking the blame by saying that he shouldn't have been parked on the road but it is his wife's insurance company that is pushing the matter. Set up payments to the other carrier? I would say if I was to be found at fault then it would be partial fault because he was parked in the middle of the road, and he is claiming that too.
Posted: Tue Oct 14, 2008 08:43 pm Post Subject:
On what grounds did your husbands insurance carrier deny the claim? Know that before you could think of subrogation of claims under such circumstances. Perhaps you can talk to the owner of the other car and agree to split the bill 50/50 and leave insurance out of it. They can call the insurance company and tell them that the two of you have worked out the payments and the insurance company won't have to pay out anything.
Posted: Tue Oct 14, 2008 10:24 pm Post Subject:
Maybe the repairs were already paid by the others insurance company and that is why they are asking her to pay up. She could still ask the person to help pay the bill but wether or not he does would be up to him.
Posted: Tue Oct 14, 2008 10:53 pm Post Subject:
Yes his wife is the one that is pushing it, it was her insurance not his and he even offered to pay but if I contact them and tell them the circumstances, would that make any difference? This is my first time having to deal with insurance claims and accidents, I have been lucky and careful enough not to so I am a little worried about the threat of garnishing my bank account and having my license suspended.
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