by Jeny2n » Tue Nov 13, 2007 01:36 am
Well, at least not my permission!
Here is the story. My 19 yr old daughter dropped my car off at auto mechanic shop that was owned by her friend's father. (I have never met the man). After the work was done, the owner of the shop's son called his sister and had her ask my daughter if it was ok if he drove my car from the shop to his house, and that my daughter could pick it up there. My daughter said ok.
Later that day, I received a phone call from a woman who stated she was calling about the "accident my car was in". She named the driver, and of course I had no idea who she was talking about.
Apparently, the young man had stopped at a gas station to pick up a buddy who worked there, and backed into a woman's car. Her car sustained damage, but mine did not.
I am told that the law requires that my insurance take responsibility!! I think it is completely outrageous. 1st, my daughter is not the owner of the car and in my mind didn't have authority to give permission. 2nd, I have not received a straight answer from anyone on why the car was moved. I believe it was just that this young man wanted a set of wheels to pick up his friend and get around for the day.. It was certainly no favor to me or my daughter to have had the car moved to their home. 3rd, my daughter only gave permission for the car to be driven from the shop to the home. She didn't tell him he could stop and pick up any passengers. (Of course they have now changed story and claim he was trying to put gas in the car to be nice).
Not that it matters in the eyes of the law, but this person and his family have been completely rude and have shown no remorse whatsoever for their actions. My insurance company is set to pay up. I worry that my rates might increase. I also just think it is so completely wrong that these people get to accept absolutely no accountablitiy for what they've done. 1st question: If I were to now take this man and his father to small claims court, would I have any kind of a chance of making them pay for the damages? 2nd question: I would love to know how to change the ridiculous law that makes me responsible in this case. There must be others who have been similarly victimized and would agree??? Thank you kindly for reading and I would appreciate any and all good advice.
Here is the story. My 19 yr old daughter dropped my car off at auto mechanic shop that was owned by her friend's father. (I have never met the man). After the work was done, the owner of the shop's son called his sister and had her ask my daughter if it was ok if he drove my car from the shop to his house, and that my daughter could pick it up there. My daughter said ok.
Later that day, I received a phone call from a woman who stated she was calling about the "accident my car was in". She named the driver, and of course I had no idea who she was talking about.
Apparently, the young man had stopped at a gas station to pick up a buddy who worked there, and backed into a woman's car. Her car sustained damage, but mine did not.
I am told that the law requires that my insurance take responsibility!! I think it is completely outrageous. 1st, my daughter is not the owner of the car and in my mind didn't have authority to give permission. 2nd, I have not received a straight answer from anyone on why the car was moved. I believe it was just that this young man wanted a set of wheels to pick up his friend and get around for the day.. It was certainly no favor to me or my daughter to have had the car moved to their home. 3rd, my daughter only gave permission for the car to be driven from the shop to the home. She didn't tell him he could stop and pick up any passengers. (Of course they have now changed story and claim he was trying to put gas in the car to be nice).
Not that it matters in the eyes of the law, but this person and his family have been completely rude and have shown no remorse whatsoever for their actions. My insurance company is set to pay up. I worry that my rates might increase. I also just think it is so completely wrong that these people get to accept absolutely no accountablitiy for what they've done. 1st question: If I were to now take this man and his father to small claims court, would I have any kind of a chance of making them pay for the damages? 2nd question: I would love to know how to change the ridiculous law that makes me responsible in this case. There must be others who have been similarly victimized and would agree??? Thank you kindly for reading and I would appreciate any and all good advice.
Posted: Tue Nov 13, 2007 08:42 am Post Subject: yes i agree
well i think u certainly have a very gd point to proove that ya as u have quoted
I think it is completely outrageous. 1st, my daughter is not the owner of the car and in my mind didn't have authority to give permission. 2nd, I have not received a straight answer from anyone on why the car was moved. I believe it was just that this young man wanted a set of wheels to pick up his friend and get around for the day.. It was certainly no favor to me or my daughter to have had the car moved to their home. 3rd, my daughter only gave permission for the car to be driven from the shop to the home. She didn't tell him he could stop and pick up any passengers. (Of course they have now changed story and claim he was trying to put gas in the car to be nice).
if u properly state ur point before the law and company u can certainly seek in the eyes of law that in no way r u responsible for any damage and so ur company doesnt need to pay for others mans mistake ............!
Posted: Tue Nov 13, 2007 10:45 am Post Subject: just a few questions!
Jeny2n,
There are a couple of questions that I am curious to know - Is your daughter named in your policy ? Does she possess a license of her own ? Which state are you from ?
Regards,
VisionaryJones
Posted: Tue Nov 13, 2007 10:49 am Post Subject:
Hi...if I were you n I'd have faced such a situation, then I'd have probably lodged a case of car theft upon this guy!
No feeling "BAD" about such an irresponsible guy!
Posted: Tue Nov 13, 2007 12:35 pm Post Subject:
Good morning Jeny2n and welcome to the community....
What a mess! I'm so sorry... I've got a few opinions and suggestions...
1st, my daughter is not the owner of the car and in my mind didn't have authority to give permission.
I understand your point, but don't think it will hold water. As far as your policy is concerned your daughter had the right to give someone permission. Given these circumstances.It was certainly no favor to me or my daughter to have had the car moved to their home.
It wasn't? Why did your daughter agree to this? Were they doing the repairs for free or extra cheap or something and she felt somewhat obligated?3rd, my daughter only gave permission for the car to be driven from the shop to the home.
You might have a leg to stand on here. He used the vehicle outside his 'scope' of permission...(Of course they have now changed story and claim he was trying to put gas in the car to be nice).
That figures....can he prove that he DID put gas in the vehicle? if not... Are there witnesses that saw him even ATTEMPT to pull up to the pumps?Not that it matters in the eyes of the law, but this person and his family have been completely rude and have shown no remorse whatsoever for their actions.
That's too bad, you'd think the father at least would accept responsiblity for his son's actions, and by the way as an owner of a repair facility, he should've NEVER let his son do this. Of course the boy may have told his dad that your daughter REQUESTED he take it to their home....What EXACTLY was the vehicle having done at this shop? And (again) did you pay for the repair?
My insurance company is set to pay up.
What are they saying about the boy being outside his scope of permission?I worry that my rates might increase.
And they likely will if the damage to the other vehicle eclipses your companies thresold for a chargeable rate up (most companies around 500 bucks which is NOTHING for damage to a vehicle) minimally you will have a chargeable accident against this policy...1st question: If I were to now take this man and his father to small claims court, would I have any kind of a chance of making them pay for the damages?
You might, and really the money would in all likelihood be going back to your carrier to repay them for the other parties damage right? That should (if it happens) kind of 'wipe' that claim (or at least the payment) out...I think it's worth the effort and minimal cost to file in small claims, at the same time, I know you say no damage to your vehicle but many times, I tell people about damage I see they had no idea and they looked at the car. I think you should take your vehicle to a good trusted BODY SHOP and have them look closely at the point of impact on your vehicle. If you go to small claims with this I'd ask for this damage as well as the damage to the other vehicle.2nd question: I would love to know how to change the ridiculous law that makes me responsible in this case. There must be others who have been similarly victimized and would agree???
Good luck with that one! Insurance stays with the car.....just like in this case. Some times people will borrow anothers car and make ignorant (meaning uninformed) statements like, ''if i get in a wreck my insurance will pay not yours'' it doesn't happen that way....ins on the vehicle is ALWAYS primary....I don't know how you'd go about it, and frankly think it will never happen...I agree it sucks especially in your case/fact of loss...But I guess be glad he didn't hit about four cars, and injure/kill someone in the process because your policy would be all over that too!Let me ask you a couple of things....first the amount of damage to the other parties vehicle...anyway you could pay that out of pocket then sue this punk and his dad? If you pay the claim then at least you should be able to stop the rate up.
Have you had any contact at all with the innocent victim? Would she/he be agreeable to you paying? Ask your adjuster or call your companies policy services dept and ask about the rate up...find out how much the damage is...beg your adjuster to hold off a day or two till you can figure out if you can pay etc.
I'm sure you have cautioned your girl about this....my kids and their dad and I had an understanding NO ONE EVER drives your car or you will loss it....Happened one time, in a parking lot, son let a buddy move his truck, tough, mama found out, he lost the truck for a month!
You don't say how long ago this was...when did it happen? Also was the woman in the car when he hit it? Is she claiming injuries? also the boy he was picking up was he in the car and anyone in your car claiming injuries? Don't think it doesn't happen ALL THE TIME in these small accidents even without damage....Now the dad he says what?
Posted: Fri Nov 23, 2007 11:19 am Post Subject:
Unless you give full particulars, no one would be in a position to help you out.
Posted: Mon Feb 07, 2011 01:26 pm Post Subject: car
im in same boat son was making payments on car that was in my name only ins too his gf took car and demolished it. now refuses to pay it off cause i wont give her title so i contacted several ppl and they say i can file for damages can i? and she also said she will make me pay for storage and towing i had no idea where car was 4 four days later and was not even contacted by police that it was in wreck what are my chances .OF winning this?
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