At Fault Liability

[HotCarl]

So I get a call this morning from Nationwide saying a claim has been made against my car (05 Jetta) on the day of 6-25-08. Problem was i wasnt driving my car yesterday, my step-dad was. For the moment Im going to assume he got into an accident in my car and it was his fault. If this is the case wouldnt my step-dad's insurance cover the accident, not my own?

 

More info to come

[Pedro1647545510]

Did you talk to your step-dad? Did he give the other party your insurance info? Sounds like you need to get some details from either your step-dad or your insurance agent....

[LJ]

So I get a call this morning from Nationwide saying a claim has been made against my car (05 Jetta) on the day of 6-25-08. Problem was i wasnt driving my car yesterday, my step-dad was. For the moment Im going to assume he got into an accident in my car and it was his fault. If this is the case wouldnt my step-dad's insurance cover the accident, not my own?

 

More info to come

 

 

This happened in the reverse to my gf back in January. The liability follows the car. Your insurance will pay out the at fault accident then go after your step-dad's insurance to pay them back. Sucks but that is the responsibility you take letting someone drive your car

[Clifford Automotive]

Insurance follows the car not the person.

[HotCarl]

This happened in the reverse to my gf back in January. The liability follows the car. Your insurance will pay out the at fault accident then go after your step-dad's insurance to pay them back. Sucks but that is the responsibility you take letting someone drive your car

 

Im starting to think that was a big mistake. I talked to him his story is that some kids were 'street racing' in kroger's parking lot, cut him off and he his a curb. I could care less if the story is true or not im just concerned about my car.

 

So we have the same insurance carrier (Natiowide) through the same agent's office yet my step-dad isnt covered to drive anyone else's car but his own. So he and nationwide are saying it has to go on my policy. WHAT THE FUCK?! So my premium goes up because he fucked up? He of course offered to pay the deductable but that doesnt really help if my monthly bill increases.

[excell]

Like Kevin said, insurance covers the car, not the person. If you don't want your insurance involved, he'll have to handle it out of pocket.

[nurkvinny]

As said above, your policy covers your car. That is a known risk when you hand someone else the keys.

[LJ]

Im starting to think that was a big mistake. I talked to him his story is that some kids were 'street racing' in kroger's parking lot, cut him off and he his a curb. I could care less if the story is true or not im just concerned about my car.

 

So we have the same insurance carrier (Natiowide) through the same agent's office yet my step-dad isnt covered to drive anyone else's car but his own. So he and nationwide are saying it has to go on my policy. WHAT THE FUCK?! So my premium goes up because he fucked up? He of course offered to pay the deductable but that doesnt really help if my monthly bill increases.

 

You could claim negligence and take him to small claims court and sue him for the amount of the total of the monthly increase

[Draco-REX]

So no other cars were involved? It's just damage to your car? If so, how badly is it damaged? Fix it without getting the insurance company involved altogether.

[99ta]

if no other cars were involve, I would make him pay out of pocket.

[TTQ B4U]

rep points for best answer!

 

if no other cars were involve, I would make him pay out of pocket.

[Guest tbutera2112]

i think my policy must be different....im covered in anything i drive, my insurance follows me not my car

[99ta]

i think my policy must be different....im covered in anything i drive, my insurance follows me not my car

 

most policies read they are excess to any other ins. so yes, if you were driving a vehicle that did not have ins yours would cover it. all policies read different, this is just typical.

[Conesmasher]

most policies read they are excess to any other ins. so yes, if you were driving a vehicle that did not have ins yours would cover it. all policies read different, this is just typical.

 

 

As close to right as it gets!!!!

 

Many policies follow this rule. If the driver of the vehilce had liability coverage, typically the drivers policy would be primary. If the driver had no liability insurance then your "collision" coverage would kick in....and fix your car. They have the right to sue your "at fault party", but that's up to them to subrogate losses(get their $)

 

I believe Nationwide's policy allows for permissive use, which typically states that whomever you give permission to drive your car........will be covered in the event they don't carry their own liability policy. However, there are policies out there that are so restricted......only the named driver can be driving....and have coverage.

 

In your case it seems like his policy will pay out, but as a courtesy Nationwide probably wanted to alert you just in case you didn't know. His policy will more than likely pay.......and then he will get surcharged for his "at fault" accident.

 

Don't fall into this does the insurance follow the car/driver discussion, because each car insurance policies language is different.

[LJ]

As close to right as it gets!!!!

 

Many policies follow this rule. If the driver of the vehilce had liability coverage, typically the drivers policy would be primary. If the driver had no liability insurance then your "collision" coverage would kick in....and fix your car. They have the right to sue your "at fault party", but that's up to them to subrogate losses(get their $)

 

I believe Nationwide's policy allows for permissive use, which typically states that whomever you give permission to drive your car........will be covered in the event they don't carry their own liability policy. However, there are policies out there that are so restricted......only the named driver can be driving....and have coverage.

 

In your case it seems like his policy will pay out, but as a courtesy Nationwide probably wanted to alert you just in case you didn't know. His policy will more than likely pay.......and then he will get surcharged for his "at fault" accident.

 

Don't fall into this does the insurance follow the car/driver discussion, because each car insurance policies language is different.

 

I was told that in the state of Ohio, the vehicle that causes the accident, that vehicle's liability insurance covers the at fault accident, then that insurance goes after the driver of the vehicle.

 

So I am driving your car, which only has liability coverage. I have my own insurance. I run a red light and slam into someone. Your car's liability coverage covers the damage to the other people's cars and medical bills. My liability coverage covers the damage that I did to your car.

 

I dunno, that is just what the lawyer told me. The vehicle that caused the accident is primary for the 2nd party, and the driver is primary for the 1st party.

[HotCarl]

Wow, alot of good useful info, thanks fella's. He was the only car involved, I looked at the damage. Its a BIG 'bump' on the driver's side skirt just under the driver's door. Normally I'd say fuck it and move on with life but its a newer car and i was actually looking at selling it in the near future, cant do that if its looks like shit. I have full coverage because I still have an loan for the car. I wouldnt MIND if I just had to pay the duductable (which i think is $1,000 and of course my folks would pay it) so long as I know it wouldn't have a lasting impact on my insurance history or payments from here on out.

 

Long story short, mom definitly wears the pants in the family. So when she gets back from her business trip I'll ask her what she thinks and give her some options. A- Fix it out of pocket. B- claim it (somehow) on her insurance or work out a payment to me via insurance. C- buy the car from me so I dont have to deal with the hassle of fixing it then selling it

 

Believe it or not Im liking C the most.

[Avenger1647545502]

How nice of him to tell you that he did something and damaged your car. Please tell me that he now KNOWS that he won't be driving it again, ever?

[Guest mrhobbz]

Whats up with fathers fuckin' up everyones cars lately? Whos car is next in line?

[Spidey2721]

dont give keys to dad. ;-)

[Kevin R.]

Whats up with fathers fuckin' up everyones cars lately? Whos car is next in line?

 

LOL exactly what I was thinking.

[Conesmasher]

I was told that in the state of Ohio, the vehicle that causes the accident, that vehicle's liability insurance covers the at fault accident, then that insurance goes after the driver of the vehicle.

 

So I am driving your car, which only has liability coverage. I have my own insurance. I run a red light and slam into someone. Your car's liability coverage covers the damage to the other people's cars and medical bills. My liability coverage covers the damage that I did to your car.

 

I dunno, that is just what the lawyer told me. The vehicle that caused the accident is primary for the 2nd party, and the driver is primary for the 1st party.

 

It really depends on the language of the policy. It follows the person and it can follow the car.......depending on the language.

 

The company the insurance company that I work for typically works in this manner.

 

If you were driving my car, and had a two-car collision, and we both had liability policies, your coverage would be primary and mine would be basically non-existent.

 

Had you NO policy whatsoever, then my policy would kick in and protect you and me.

 

Before we actually changed our policy language, what you said would have been correct, as we didn't define who's policy came into force. In a court of law we were on the hook for soooo many claims that today we would not be stuck on.