by alexismarie1025 » Wed Aug 05, 2009 12:49 am
My ex husband and I seperated we lived in South Dakota. I moved to connecticut and he to rhode island .
My insurance man wa a good friend and kept my insurance in south dakota with him. Also it was registered there.Well my ex came to my mothers house while i went out, he had spare keys. And took my car. got drunk hit lady this is now 5 yrs ago . They are sueing. Now my insurance dont cover completly what they want. But my ex who was stil my husband at the time had his own insurance, which was never brought up. is his insurance company suppose to cover him in my car? Also insurance agents are insured also , so is not the insurance agent not some what responsible for insuring my car knowing I really didnt live in south dakota any more? He is dead now and was a great friend , so If he had insurance for himself against this kind of thing , I see no harm in using that. He had a key to my post box there in south dakota nad would get my bills for me . I even have a message from him about checking my post box.
My ex was not living with me. but we did ofte share cars. But I would never let him take my car drunk if I where home. I am at a loss as to what to do.
We ar both listed in the suit . him first which is weird , it was my car . He had to have special insurance for a previous dui so I imagine it would pay more then mine.
They ca do what they want i guess. I own nothing. I cant work and. i SUFFER PTSD . Which is going to make court unbearable for me as I have panic , aniexty attacks. cant be in crowds. All this because some idiot gets drunk and takes my car. He made a good point with the insurace company when I told them i didnt give him permission , that we did share vechiels without askng. Hell we where married but not living together at that point . any answers please
My insurance man wa a good friend and kept my insurance in south dakota with him. Also it was registered there.Well my ex came to my mothers house while i went out, he had spare keys. And took my car. got drunk hit lady this is now 5 yrs ago . They are sueing. Now my insurance dont cover completly what they want. But my ex who was stil my husband at the time had his own insurance, which was never brought up. is his insurance company suppose to cover him in my car? Also insurance agents are insured also , so is not the insurance agent not some what responsible for insuring my car knowing I really didnt live in south dakota any more? He is dead now and was a great friend , so If he had insurance for himself against this kind of thing , I see no harm in using that. He had a key to my post box there in south dakota nad would get my bills for me . I even have a message from him about checking my post box.
My ex was not living with me. but we did ofte share cars. But I would never let him take my car drunk if I where home. I am at a loss as to what to do.
We ar both listed in the suit . him first which is weird , it was my car . He had to have special insurance for a previous dui so I imagine it would pay more then mine.
They ca do what they want i guess. I own nothing. I cant work and. i SUFFER PTSD . Which is going to make court unbearable for me as I have panic , aniexty attacks. cant be in crowds. All this because some idiot gets drunk and takes my car. He made a good point with the insurace company when I told them i didnt give him permission , that we did share vechiels without askng. Hell we where married but not living together at that point . any answers please
Posted: Wed Aug 05, 2009 03:42 am Post Subject:
My insurance man wa a good friend and kept my insurance in south dakota with him. Also it was registered there.Well my ex came to my mothers house while i went out, he had spare keys. And took my car. got drunk hit lady this is now 5 yrs ago .
I've not even read the rest of the post and I have lost track of all the things wrong with this....Your insurance man was not "a good friend". He/She is putting you at risk of loosing your coverage as your policy should have been changed to another state. Also, once you live in a state for 30 days or seek employment, you need to register the vehicle in that state. Your husband lives in Rhode Island and went to your mothers come in CT? Why would he do that? Was he just passing by the house on a state to state trip?
And took my car. got drunk hit lady this is now 5 yrs ago . They are sueing
I'm guessing that they filed suit less then 4 years after the accident as I don't know any statute of limitations that is longer then 4 years.But my ex who was stil my husband at the time had his own insurance, which was never brought up. is his insurance company suppose to cover him in my car?
Nice guy... he drives drunk, hits and hurts someone and never reports the accident to his carrier? He needs to report is now... but they might deny the claim if this is first that they have heard of it. His policy would be excess, over yours.Also insurance agents are insured also , so is not the insurance agent not some what responsible for insuring my car knowing I really didnt live in south dakota any more?
SWEET! Did not see that one coming... :roll: . I moment ago he was a good friend... now he's just road kill under the tire as someone else might have some money to through at this problem. When he offered to keep your policy in SD, I'm guessing you complained about this as it was not the right thing to do, correct? How does your policy being based on SD change what happened? Your carrier is still offering coverage, right? So keeping the policy based in another state is not causing you any loss.He is dead now and was a great friend , so If he had insurance for himself against this kind of thing , I see no harm in using that.
Oh, man... I really need to read ahead before I start writing.... :shock: :roll:I am at a loss as to what to do
1) Stop blaming others, 2) take some responsiblity for your actions. 3) see #1 and #2.All this because some idiot gets drunk and takes my car
See #1 and #2. You were married at the time. Obviously he had access to your car at the time. If you were living in different states what was he doing in your mothers home at the time? If he had a history of drinking and driving why would you leave the keys out where he could then take your car? Did anyone call the police when he took your car without your permission? I'm _guessing_ that this was not the case of him simply taking the car... I'm betting he either has express or implied permission. I guess you could put all of the blame on him.If the other person has filed suit, your carrier would appoint you an attorney. This attorney should obtained your then-husbands insurance information and file a claim under that policy. I'm still confused why your carrier has not done this already. What are your policy limits and what was the other persons last demand? I'm guessing your carrier was not willing to pay your policy limits?
Posted: Wed Aug 05, 2009 06:36 am Post Subject:
Hi tcope,
I'm betting he either has express or implied permission.
Purely! The OP seems to have had too much trust on both her ex as well as the insurance guy. I was taken aback- her ex had the spare keys to the house in CT (where she lives with her mom)..its not the house which they'd once shared as a couple.
I'm guessing your carrier was not willing to pay your policy limits?
Is it due to the fact that the accident occurred some 5 years back?
Any other reasons?
him first which is weird , it was my car .
What's this???
Steven
Posted: Wed Aug 05, 2009 05:06 pm Post Subject: answer to some questions
he did not have keys to my mothers house. He has spare keys from when we left SD.
I drove to RHODE iSLAND TO GET HIM , Got him a hotel room while I went to my aunts 80th birthday part. The hotel is a miles from my moms. he walked there and took the car. yES THERE WAS A IMPLIED IMPRESSION he could use the car on occassion. This was not one of them . We at the time where trying to work things out. Thats why I would go to Rhode Island or he come to CT. hE HAD A DUI LIKE A MONTH OR SO BEFORE WITH HIS TRUCK . That was still in the shop. Thats why I had to go get him. When I last saw him at the hotel he had not been drinking . My limit are 15.000 per person per accident plus 25,000 to cover their vechiel. But she is claimng injury. Now I ask the police when I called if the women was ok. They said she seemed ok. But being she is elderly she went to hospital. Now I NOTICE. HER LAWYER LAST NAME IS THE SAME AS HERS. Makes me wonder.
I am calling my ex about his insurance coverage . This really sucks as they are sueing for other damages over and above my limits. But you know what I have nothing, own nothing. All I wanted out of that 17 yrs marriage was my car . which I paid off a month before. So I was left with nothing. I replaced the car with a piece of crap .
17 yrs of marriage and that what I am left with a bunch of headaches . He is listed also in the suit. I do belive his insurance company would hadto have known because they run your drivers lic and it goes from there to insurance .
The problem I have is PTSD , PANIC ATTACKS , PHOBIAS OF MANY THINGS. Do to abuse I suffered in my life. I am afraid I will never get through court .
Just a big mess
Posted: Wed Aug 05, 2009 05:45 pm Post Subject:
This was not one of them
The best thing you could have done was to file a police report. It would be up to them if they took the report but this should have been tried. The police report is your official statement that the vehicle was stolen, that the person did not have any type of permission from you to use the vehicle. But this is water under the bridge at this time.You say a suit was filed with your and his name. I will assume this is correct. If this accident happened 5 years ago, when was the suit filed? As mentioned, I don't know of any state that has a statute of limitations longer then 4 years. This means someone cannot seek recovery after 4 years if no suit was filed within that time frame.
Did your carrier ever ask about the drivers insurance? They should have. This is pretty important for the adjuster to know.
Has your carrier made an injury offer to the other party? I'm guessing that they have and it was less then your policy limits?
The reason why ask if your carrier asked about your ex-husband's insurance as their offer should have been pooled with your carriers offer in order to get the injured person to settle. I'd think if that had been done that the attorney may have settled.
Call your adjuster and find out the status of this matter.
Did your carrier make some type of offer on this person's injury claim? Your carrier should have sought information on your husbands insurance a
Posted: Wed Aug 05, 2009 07:29 pm Post Subject:
They never asked about his insurance. I told them when I spoke to them what about his insurance . I don't know they seemd to ignor this. I will mention it to the lawyer in the case again.
I spoke to my ex. he dont remember which insurance company he had at the time. but it be pretty easy to find out as his dui a month before was in ct also. His truck was in repair in ct at the time he had the acident in my car. Thats what I thought his insurance should be involved also.
I belive this must have made a offer , but they want more then my insurance covers.
I belive also as the 4 yr time came up they asked the judge for more time. so they are ok I guess.
No isurance carrier never asked me about his insurance.
I had to tell them a few months ago after reciving all this paper work.
Posted: Wed Aug 05, 2009 07:50 pm Post Subject:
If the accident happened 5 years ago and they filed suit 4 years ago then this suit has been on going for the past year. Who is defending your ex-husband? If he had his own insurance at the time then he's probably not listed on your policy (but is probably considered an "insured" in this situation). Over the course of a year that the suit has been active neither your insurance nor your attorney has put your ex-husbands carrier on notice? Something is _really_ wrong with all of this.
I'm guessing your carrier offered less then your $15k policy limits? You need to know this information.
Posted: Wed Aug 05, 2009 08:07 pm Post Subject:
it says they are asking for double or tripple damages . my insurance company i defending him. dont ask me why and he is listed first in the law suit . I dont belive they ever put his carrier on notice. They never said anything to me about this. let me look at the paper work I will type some of it out for you.
I am eating dinner right now so give me a bit.
Thank you all so much for your help .
Posted: Wed Aug 05, 2009 08:37 pm Post Subject: called insurance company
I just spoke with the isurance company. the man was very nice. he said most definatly my ex's insurance company should have been put on notice. He is looking into it. also calling my ex for the names of the insurance company he belives it was he had at the time. He did have insurace as I said a month before he crashed his truck in ct and it was being repaired . So it wont be hard to find out. He says if he was insured at the time which he was they have to cover what my will not.
I willl still type out what the notices say in a bit.
Posted: Thu Aug 06, 2009 12:40 am Post Subject:
ok here goes parts of what it says.
it says we are advisingyou that the claim brought by mrs. Jones (fake name) against you seeks a judgement in excess of $15,000.00 . The complaint refrences double/treble damags , pursuant to connecticut general statutes 14-295. Please be advised the policy issued to you states on page 3 under Liability Insurance :
Our Promise to you : we promise to pay damages , excluding punitive or exemplary damages , for bodily injury or property damage for which the law hold you responsible because of a car accient involving a car we insure .
The double/treble damages stated in the plaintiffs complaint falls under the category of punitive or exemplary damages . Your policy does not provide coverage for punitive or exemplary damages such as those requested in plaintiffs complaint . your policy does cover bodily injury liability coverage in the amount of $25,000.00 per person / $50,000 per accident and property liability in the amount of $25,000.00.
If your policy is not suffient , you may wish to consult a attorney for any amount of damages in excess of your policy limit . While we will continue to investigate and handle the matter on your behalf , it is with clear understanding that we do so only up to your policy limits. and only for bodily injury liability, not double/treble damages that are punitive or exemplary in nature .
ok thats it on that one .
now the law suit itself $15,000.00 or more is checked
the plantiffs name is there. then first defandant is my ex
second defendant is me. and it explains the accident .
But the insurance company is looking and trying to get ahod of my ex for the insurance company he also had at the time which together could cover it all .
I cant belive when I called him the first time in years now today. he was driving and i could tell he was drinking. Now let me make clear I would never let anyone take my car drunk not ever . He new I loved that car and just paid it off . And I never would put anyone in danger by allowing a drunk person to use my car . Hell when I went out I always had a sober driver with me .
I just wanted to ring his neck. No one reported my car stolen because where my mom lives is in the woods. where I parked you could not see the car from the house . Only when I got home and my dad said the police called about my car did I know he took it. Which he often did . But I would never have let him if he was drunk. he got drunk after taking the car by the way.
He was mad because he called me from the police station to go get money out of his atm and i had to go get his card to bail him out. I was screaming at him on the phone . When my sister and picked him up we went to where my car was. I was screaming and yelling . My hood was up to the windshield . totaled. It was a beautiful monte carlo earnhart edition . I loved that car.
Here i am scream at him. He starts yelling back that i dont care about him I didnt even ask if he was alright when he called from jail. I said I knew you where ok you where in jail and talking. I just put brand new nascar emblem tires on it. over $1,000.00 right there. should have taken them off. Oh and boy the police did a great job of searching the dam car behind the seat i found a 6 pack of molson XXL . So I got a hurt lady , a beautiful car destroyed well 2 if you count hers. All I wanted in a divorce was my dam car. 17 yrs of marriage and he even took that away. Anyway if it doesnt cover everything insurance wise. Like I said I cant work, I am sick . and have been for years . My ex always supported me . So its on him. and from the sound of it he is going off the deep end. drinking and driving again . he went to jail 4 months you think that would have fix him.
I own nothing asked for nothing in the divorce , because i didnt want people saying i took him for everything. all I wanted was my car. I hope this all works out. I did explain to the insurance company that my counselor said the attorney needs to know I have PTSD , AND REALLY FEAR ALOT OF THINGS , LEAVING MY HOME, DRIVING , people, and my illness if i feel threatened in anyway I go off saying things i dont even know i am saying. And could get me put in jai for doig so in court. It is not something i AM ABLE TO CONTROL. Just like panic and aniexty attaks cant control them . I pray it will work out. the insurance man said if we get his insurance company in there they may be able to reach a agreement with going to court. And agreed with you guys his insurance company should have been put on notice. But he says they have to cover him in any case.
Thanks everyone , i appreciate all your help . And no I do not drink . I am sick of drunks . they ruin not just there lives but alot of people around them .
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