by Guest » Sat Jun 09, 2012 04:53 pm
My sister let her boyfriend drive my vehicle without my permission and they hit a parked car. Its been a year ago and I am just now getting a letter from the other parties insurance company I am being sued for 7grand after my sister told me the people they hit had no damage. My insurance had lapsed by a week and my insurance denied my claim for my damages because of it. As far as the other parties damages am i responsible in the state of texas since i wasnt driving and didnt give permission to let him use my car. also they sent me a threating letter saying that any uninsured driver may have there licensed suspended there was a police report the insurance company should see that I was clearly not the driver or at the scene of the accident can they suspend my license even if i wasn't the driver?
Posted: Sun Jun 10, 2012 01:46 am Post Subject:
since i wasnt driving and didnt give permission to let him use my car.
But you did. You gave your sister possession of your vehicle. You assumed responsibility for her use of the vehicle. Her use was to give it to someone else. did hr boyfriend know that he was not supposed to use the vehicle? I don't see how, as she gave it to him. So you, as the owner, cannot escape responsibility because you did not know what she was doing with the vehicle. Feel free to hold your sister or her boyfriend responsible for that $7000. They can't pay the bill? Then don't let them drive your uninsured vehicle. You made several mistakes in this situation.can they suspend my license even if i wasn't the driver?
You are responsible for having insurance on the vehicle. The state may allow the other insurance company to request that your license be suspended until you pay the bill. Driving is a privilege. If you choose not to be responsible for your actions then the state may tell you that you can't drive any longer.Several life lessons in this situation.
Posted: Sun Jun 10, 2012 05:57 am Post Subject: My sister did not have consent or anyone else to use my vehi
I didn't give my sister possession or anyone else for that matter. They did not have my consent. I didn't feel like I needed to file a stolen police report because they did tell me after what had happened but now I am being sued.. I was not driving around without insurance that is why my vehicle was parked. I know clearly what the law states about driving around without insurance and that is why I said without my permission he drove my vehicle. That is why I asked if they can suspend my license because I was not driving around without insurance.. . Thanks.
Posted: Sun Jun 10, 2012 01:27 pm Post Subject:
I didn't give my sister possession or anyone else for that matter.
Legally you either gave her "permission" (allowed her to use it by allowing her access to the keys, allowing her to use it in the past, etc.) or she stole the vehicle. Do you file a police report for her stealing the vehicle?I didn't feel like I needed to file a stolen police report because they did tell me after what had happened but now I am being sued.
You did not file a police report because you did not feel that she stole the vehicle. The "law" does not allow people to allow their vehicles to be used and then get out of all liability by just claiming the driver did not have their permission. This creates a huge hole hole in financial responsibility. A vehicle is a like a 1 ton gun... people just can't leave them laying around and let anyone have access to them. If they do, then they assume liability for their use.
I was not driving around without insurance that is why my vehicle was parked.
I'm not passing judgement but I doubt that. Did the vehicle have tags on it? Then it's required to be insured. Was the vehicle being used on public roads (obviously it was)? Then it's required to be insured. You claim that your situation was that the vehicle was not being used because there was no insurance yet your sister somehow had access to the keys. Is you sister so irresponsible that she would simply get your keys and take your car without your permission (and then also loan it to someone else)? Then you should have locked the keys up or had them in your possession so no one could use the car. Sorry... but that is just being a responsible person. You did not do that so now you are being held responsible because some innocent person suffered a loss. I guess they should over look all of your mistakes and just pay for the damage causes to their own vehicle?That is why I asked if they can suspend my license because I was not driving around without insurance.
Yes. As the _owner_ of a dangerous instrument, you are responsible for it's use. You _allowed_ the vehicle to be used and you have financial responsibility for the use of that vehicle, by law. The law says, if you don't hold up your end of the requirement that they are going to take back the drivers permit that they gave you until you fulfill your end of the requirement.As I mentioned, feel free to pursue your sister and her boyfriend for that $7000. They should pay you the money as they got you into this situation. If they don't pay you well.. they you know something more about their character.
Posted: Mon Jun 11, 2012 03:44 pm Post Subject:
I am being sued for 7grand after my sister told me the people they hit had no damage.
This is the part I have the most trouble believing.
If the OP's car had no damage, then I would believe that the victim's car had no damage.
But the OP's car obviously was damaged -- sister had to explain to OP what happened, and "my insurance denied my claim for my damages". To believe that ONLY ONE vehicle was damaged is foolhardy.
The OP did not file a "stolen vehicle report" because she knows the vehicle was not stolen, and to file a false police report is a criminal offense. She also did not want to get her sister in trouble with the law.
Everything tcope has written is entirely accurate. The owner of the vehicle is responsible for the damages done by anyone driving the vehicle with permission. Whether sister had authority to permit someone else to drive the vehicle or not is immaterial, I believe it was being used with the permission of the owner, who knew it was uninsured, and that owner is responsible for the damage it caused.
feel free to pursue your sister and her boyfriend for that $7000. They should pay you the money as they got you into this situation. If they don't pay you well.. they you know something more about their character.
This is the only available course of action for the OP who refuses to accept responsibility for the loss.
There is one other possibility -- but it's far-fetched -- the OP could file a claim with sister's or boyfriend's auto insurance company. Why is this a far-fetched solution? They probably didn't have insurance either.
Lesson to be learned: If you loan your vehicle to anyone (including sister) who has no insurance, be prepared for the worst possible outcome -- having to pay for the wrongful death of another human being (or more than one). (And even if they have insurance, you would probably still be on the hook for some of that loss.)
Posted: Mon Jun 11, 2012 04:12 pm Post Subject:
That is something I did not consider... the OP's car _must_ have had more then just a dent or a scratch, with $7,000 in damages to the other person's vehicle. So things are just not adding up. I'm guessing that the OP knew the other person's vehicle had damage (as the other carrier would have most likely sent a subrogation letter in addition to seeing the damage to the OP's own vehicle) but did nothing as the OP did not have insurance (which she also knew about). It was not until someone filed suit that the OP thought perhaps she better address the situation.
Here is my take on what happen....
The OP allowed the insurance to lapse and still drove the vehicle. The OP also let her sister use the vehicle. The sister loaned it to the boyfriend (she's probably did this in the past as well). The OP's car was in a wreck and the OP choose to ignore the situation hoping it would just go away. It did not just go away and not the OP is having to face the situation of allowing the vehicle to be driven without insurance.
Insurance would have cost _far_ less then $7,000. The OP is also _VERY_ luckly there is no injury claim (yet). That could have easily added on another $20,000 to the amount owed.
Posted: Mon Jun 11, 2012 06:09 pm Post Subject:
In many states, a license suspension can arise not just from operating a vehicle without insurance but also from the failure to satisfy a civil judgment related to a motor vehicle collision. As noted above, a license can also be suspended for allowing a vehicle to be on the roadway without the required insurance. Aside from licenses suspensions, other forms of owner liability exist where the owner (even though not in the car at the time of the loss) can be held responsible for the actions of the driver.
Posted: Wed Jun 13, 2012 05:34 am Post Subject: make this go away
I called the insurance company that is suing me and told them that i wasn't driving around without insurance and they told me I can make this all go away if I pay them an amount of $2200 and they will go after the driver of my vehicle for the rest of the $7000 and suspension of his license. I told them that if it would clear my name of this whole thing and avoid me getting my license suspended. The Insurance company agreed it would. I would like to know if I should go about it this way since I am already in a situation where If I don't take this offer I could end up paying the whole $7000. Please anyone who can help me with this and tell me what I need to get from their insurance company that is legally binding agreement that they will never be able to sue me or suspend my license. Thanks to all for your comments and advice.
Posted: Wed Jun 13, 2012 02:50 pm Post Subject:
I can make this all go away if I pay them an amount of $2200
andwhat I need to get from their insurance company that is legally binding agreement that they will never be able to sue me or suspend my license.
This sounds very fishy to me. Long before you pay any money to an insurance company under circumstances like this, you need to see their "offer" in writing and have it evaluated by an attorney.
Understand that the insurance company cannot suspend your license . . . only the state can do that, and only as prescribed by law.
You may also want to talk to someone at your state's Dept of Insurance about this first.
Posted: Fri Oct 18, 2013 04:02 am Post Subject:
Wreck. police can but no written report. insurance had lasped. no ticket was written. 6 months later other person insurance company called and gave total for damG
ages and request that the owner and the driver licenses be suspended
Posted: Fri Oct 18, 2013 04:19 am Post Subject:
Aside from your inability to type a coherent message on your "smart" phone, do you have a question?
License suspension is a matter for the DMV as provided for in the Vehicle Code. Insurance companies cannot suspend a person's license or demand that the DMV do so.
Add your comment