by anangelofastar » Sat Aug 02, 2008 10:10 pm
a year ago my mom and i purchased a car from a local dealer. we didn't have good credit so the financing and everything was done in a friend's name. we have insurance on the car in my mom's name with the friend's name on there as well. yesterday my mom had an accident (fender bender), small where the passenger doors were damaged pretty bad. my question is will the insurance cover the damages. we're still unclear who was at fault. we have full coverage with state farm. the other person involved had no insurance. i have little experience when it comes to this kind of thing so i'm a little nervous and need a little advice.
Posted: Sun Aug 03, 2008 02:23 am Post Subject: uninsured motorist
in my comprehensive insurance policy there is a part that says uninsured motorist coverage, i think that would cover some of the damage, less the deductible up to the limit that the policy has. If the other guy is at fault, you can go after him in small claims court. You will need a police report and witnesses, and if you have no money for a lawyer, ask for advise at the local legal aid center. I hope this helps, if I am wrong, I apologize. I hope someone comes in with a better answer.
Posted: Sun Aug 03, 2008 02:31 am Post Subject:
thank you for replying my main concern is that the friend will be held responsible. the car is in our friend's name but the car is insured under my mom's policy with our friend's name on the policy also. will the answer you supplied still apply?
Posted: Sun Aug 03, 2008 08:27 pm Post Subject:
There are to coverages that apply under your mothers policy, so when you ask if this will be covered, it makes a difference as to what aspect of the claim you are referring to.
In most every state either your mothers collision or Uninsured Motorist Property Damage coverage would apply (not Uninsured Motorist _Bodily Injury_, and it's unlikely that your mother has UMPD). If your mother has collision coverage, her policy can address your loss.
If your mother is liable in this loss, she has liability coverage to address the damage to the other person's vehicle (as the other part does not have the mandatory insurance as required by law, if the accident happened on a "No Pay, No Play state such as LA then they cannot collect from your mother). All of this changes slightly if the accident happened in MI (if it happened in MI... then this is a different animal).
The driver would be held responsible (your mother) and it's also possible, depending on the state, that the owner(s) of the vehicle could be held responsible. Your mothers policy would be primary and would also provide coverage to your friend as he's listed as an insured on her policy.
Comprehensive coverage is _not_ an issue what so ever in this accident.
Posted: Mon Aug 04, 2008 06:27 am Post Subject:
Hi anangelofastar, first of all welcome to ampminsure forums.
Though you have already received few very good replies, I'd like to stress upon few points.
It's true that the same situation can bring different consequences in different state. Hence, the name of the g state, where the accident has taken place, may help us to post a reply more accurately.
However, in general, the accident may not affect your friend. You should file the claim under your policy for the damages. The friend may get dragged into the situation only if you default on the car loan, because he was the co-signer on the loan paper and is legally responsible to repay the loan in case the other party defaults.
Regards,
Juanita
Posted: Mon Aug 04, 2008 10:41 am Post Subject:
I think there no use of thinking about this matter until and unless you find the defaulter.....You said that it is still unclear that it was who's fault.
So, first find out the defaulter and then go ahead with the process
Posted: Mon Aug 04, 2008 11:28 am Post Subject:
Good morning! First what happened in the accident? Secondly (as stated by other posters)...Your mom's collision coverage will pay for the damages to the vehicle, less the deductible, the only thing your friend may be a party to is if he is listed as a named insured his name could be on the draft as well....If you'd like help in 'maybe' figuring out who was at fault for the loss, please describe in detail the facts of the accident.
Posted: Mon Aug 04, 2008 01:00 pm Post Subject: Please explain..
Hi Lori..
Please tell me if I'm wrong when I feel its an accident worth a deeper potential...since he has already mentioned over here how the doors got damaged..
Now, if you'd feel the same way..I'm sure its real important to know where exactly this accident had taken place & when..since had it been within a bustling city amid broad daylight, I'd rather believe that there was every possibility to have a no. of witnesses. Also we are not certain whether there is any notification with the police!
Thanks, ArindamSenIndies
Posted: Mon Aug 04, 2008 06:22 pm Post Subject: passenger doors ...
your mom's passenger doors, the other person's front bumper? that would make her close to the other side of the intersection (if it's in the intersection) and the other guy coming towards her perpendicularly on the right, so either ur mom ran a red light or the other person was trying to beat a yellow light and couldn't stop in time... like the other posters said, it's iffy, you have to explain waht exactly happened, also find witnesses, if it happened around a busy business center, there should be a surveillance camera somewhere.
Posted: Mon Aug 04, 2008 09:42 pm Post Subject:
I don't know that it matters who was at fault. If it's the OP's mother, then the mothers policy will provide collision coverage for the OP's mothers car and liability for the other vehicle. If its the other person's fault, then the OP's mother's policy provides collision coverage and will attempt to recover from the at fault party. But in either case the OP's mother is in the same boat... she needs to file under collision coverage.
Posted: Tue Aug 05, 2008 12:01 am Post Subject:
Key component folks...other driver is uninsured...she needs to file a collision claim...
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