by Guest » Thu Oct 28, 2010 05:13 pm
I have a situation that I hope someone can advise me on.
I lent a friend my car. The car is registered to my boyfriend but both my BF and I are on the insurance policy.
Friend got into an accident and it looks like the police on the scene are writing in the report that it was not his fault (they issued him no summons and have a witness saying that he stopped at the stop sign) but that still has to be determined by my insurance company.
If my insurance deems us not responsible, can the person in the other car sue? My insurance might take responsibility if there were not proper traffic signs in the other lane (not sure why they would do this but they said they might)
the guy went to the hospital because airbag deployed.
Who can this guy sue?
my friend was on the way to a job interview so needless to say, there is no money there. And BF is retired and I would hate for him to be dragged into this.
any advise is greatly appreciated.
I lent a friend my car. The car is registered to my boyfriend but both my BF and I are on the insurance policy.
Friend got into an accident and it looks like the police on the scene are writing in the report that it was not his fault (they issued him no summons and have a witness saying that he stopped at the stop sign) but that still has to be determined by my insurance company.
If my insurance deems us not responsible, can the person in the other car sue? My insurance might take responsibility if there were not proper traffic signs in the other lane (not sure why they would do this but they said they might)
the guy went to the hospital because airbag deployed.
Who can this guy sue?
my friend was on the way to a job interview so needless to say, there is no money there. And BF is retired and I would hate for him to be dragged into this.
any advise is greatly appreciated.
Posted: Thu Oct 28, 2010 06:03 pm Post Subject:
If my insurance deems us not responsible, can the person in the other car sue?
My answer to this is always... yes. I could sue you for reading your post. Does not mean I will win.Who can this guy sue?
Depending on the state, the driver for sure but possibly also the owner of the vehicle.any advise is greatly appreciated.
Report the loss to your carrier. Relax. If you have collision coverage then you can choose to have your carrier repair the damage, less your deductible. If they feel the other person is at fault then they will seek recovery, including your deductible. Or if you if you feel the other person is at fault you can contact his carrier and file a claim to see if they will accept liability and repair your vehicle.Posted: Thu Oct 28, 2010 08:54 pm Post Subject:
thank you!
We are in New York city.
We reported the claim to our carrier and they have someone coming out tomorrow to look at the car. I really dont care about my car - i mean i want it fixed but what I really dont want is for my insurance to accept responsibility.
the guy actually left the scene of the accident in a private ambulance! the cops were shocked.
Posted: Thu Oct 28, 2010 08:59 pm Post Subject:
Good thing is that my insurance said that since I authorized my friend to take the car and i have uninsured coverage, we are covered. but they still have to determine who is at fault.
Posted: Thu Oct 28, 2010 09:46 pm Post Subject:
Your uninsured coverage won't come into play unless your driver was insured and the other person was at fault and had no insurance.
I think what you might mean is that your driver is considered under insured under your policy as he had your permission to drive the vehicle.
You live in NY... of course the other person was hurt. I think it's a given if someone looks at you wrong in NY. Your insurance company will provide you a defense... this is why you have insurance. The other person is going to claim he was hurt, as this is why people go in ambulances. If your insurance company does not feel your friend was liable, they would (should) deny any claim the other person presents. If the person left in an ambulance and the impact was extremely minor, then you can expect that he will hire an attorney.
Keep in mind, just because your friend was not issued a citation does not mean he was not liable for the accident. As you mentioned, your insurance company will investigate and make up their own minds.
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