What are my options *Rant*

[Cheech]

My wife is not home so I can't ask her...lol...but it seems if the car you borrow is not insured then your car insurance kicks in. But you are not required to have car insurance. You might not even own a car, but are a licensed driver. So how could you be required to be insured.

I have read and listened to insurance law from my wife and its some crazy bs. What's crazier is every state is different.

I know some stuff, but not everything. If I don't know, which I usually don't, I ask her. She has been in the industry for 35 yrs and knows quite a bit.

If I were you, I'd ask your wife to explain this slowly and completely for you so you can understand, instead of spouting a bunch of jibberish. If you have a car, you're required in Ohio to have insurance for that car. If you're driving someone else's car, you're required by Ohio law to ensure that you have adequate insurance coverage for that car. As for the "insurance following the car" thing goes, I'm reasonably certain that's how it works, but I'd leave the details of that for someone with more knowledge in that subject.

Bottom line, if you want to drive a car in Ohio, you are legally required to have insurance that covers your damages while you're in control of that vehicle. Not a hard concept.

[ohiomike]

If you borrow someones car, you, the borrower, are not responsible for insuring that person's car. If they give you permission to drive their car, their coverage extends to you. There is a 'permissive use' clause in the insurance policy. But if their car is not insured, it is not the borrowers legal responsibility to have coverage or to ensure there is coverage for that car. It would be smart to make sure the car is insured, but there is no legal requirement. The insurance policy also says you must be the titled owner of any vehicle you are insuring, therefore you cannot insure someone else's vehicle.

Clear enough?

If not, maybe call the Dept of Insurance for Ohio.

[Chrome]

Thanks for all of the insurance insights. I have called my insurance and am in the process with them of figuring everything out. I will most likely pay the deductible and let them take it from there. This is the second time I have had to deal with a non insured person and it just pisses me off the people are so irresponsible.

[max power]

Follow dog. Fill bag with poo.

Place on offenders porch. Light on fire.

Ring doorbell. Watch from a safe distance.

Enjoy.

[ohiomike]

chrome, that stuff just plain stinks. Honestly, I had never heard of having an accident and not calling the police, but I guess its more common place now. But there should be harsher penalties for people who do drive uninsured. I feel your pain, its happened to me but we were in a no-fault state and actually it made it easier to deal with. But the rates were higher there too. Ohio's car insurance rates are pretty cheap in comparison.

Good luck

[crb]

If you borrow someones car, you, the borrower, are not responsible for insuring that person's car. If they give you permission to drive their car, their coverage extends to you. There is a 'permissive use' clause in the insurance policy. But if their car is not insured, it is not the borrowers legal responsibility to have coverage or to ensure there is coverage for that car. It would be smart to make sure the car is insured, but there is no legal requirement. The insurance policy also says you must be the titled owner of any vehicle you are insuring, therefore you cannot insure someone else's vehicle.

Clear enough?

If not, maybe call the Dept of Insurance for Ohio.

SIL was cited for driving without insurance in a uninsured borrowed car in Ohio after a single vehicle accident. She did not know it wasn't insured. The prosecutor told her is she had insurance covering her that she wouldn't have been cited or lost her license.

[Cheech]

If you borrow someones car, you, the borrower, are not responsible for insuring that person's car. If they give you permission to drive their car, their coverage extends to you. There is a 'permissive use' clause in the insurance policy.

Which is exactly what I said. Insurance policies are keyed to the car, not the driver.

But if their car is not insured, it is not the borrowers legal responsibility to have coverage or to ensure there is coverage for that car.

Tell that to the cop when he asks you for proof of financial responsibility after you've just gotten into a accident. Chances are pretty damn good that he's going to put in the citation that you didn't have insurance at that time, and it would take some wiggling to get out of that. There may not be a hard and fast legal requirement, however you're opening yourself up to all kinds of legal ramifications if you don't have it, so it behooves you to make sure that there is coverage.

The insurance policy also says you must be the titled owner of any vehicle you are insuring, therefore you cannot insure someone else's vehicle.

Clear enough?

If not, maybe call the Dept of Insurance for Ohio.

I never had a problem with clarity. Glad your wife could get things clarified for you. Thanks for the neg rep by the way, I'm saving it for when I actually give a shit.

[Chrome]

chrome, that stuff just plain stinks. Honestly, I had never heard of having an accident and not calling the police, but I guess its more common place now. But there should be harsher penalties for people who do drive uninsured. I feel your pain, its happened to me but we were in a no-fault state and actually it made it easier to deal with. But the rates were higher there too. Ohio's car insurance rates are pretty cheap in comparison.

Good luck

I did call the police, but they weren't taking reports on non injury accidents. I true to push to have an officer out bit they said no. Believe me I wanted a report written on him.

[ReconRat]

Find the jurisdiction it happened in, and write your own report and turn it in.

Using the official accident report form, of course.

All parties are supposed to do that.

[Scruit]

If you borrow someones car, you, the borrower, are not responsible for insuring that person's car. If they give you permission to drive their car, their coverage extends to you. There is a 'permissive use' clause in the insurance policy. But if their car is not insured, it is not the borrowers legal responsibility to have coverage or to ensure there is coverage for that car. It would be smart to make sure the car is insured, but there is no legal requirement. The insurance policy also says you must be the titled owner of any vehicle you are insuring, therefore you cannot insure someone else's vehicle.

Clear enough?

If not, maybe call the Dept of Insurance for Ohio.

If the car you borrow does not have insurance, you are required to have liability insurance. Regardless of who owns the car, there must be SOME liability insurance in place, and ultimately the driver is responsible for that.

Edited February 15, 2013 by Scruit

[crb]

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[Ron505]

Thanks for all of the insurance insights. I have called my insurance and am in the process with them of figuring everything out. I will most likely pay the deductible and let them take it from there. This is the second time I have had to deal with a non insured person and it just pisses me off the people are so irresponsible.

So will your premium go up?

I am kind of the same boat with an incident envolving my son.

[Tonik]

Just got off of the phone with my insurance company, deductible is $500. I may or may not see it back it just depends on if the other driver pays it. She also said that since he was driving a car that was not insured under his policy or anyone else's policy that the will get turned into the law and loose his license.

There is a form you have to fill out for your insurance company. He will lose his license for up to two years (usually 6 months) PLUS however long it takes for him to make arrangements with your insurance company to pay them back.

The first 500 that he pays to your insurance company is yours for the deductible.

http://publicsafety.ohio.gov/links/bmv3303.pdf

[conn-e-rot]

If you borrow someones car, you, the borrower, are not responsible for insuring that person's car. If they give you permission to drive their car, their coverage extends to you. There is a 'permissive use' clause in the insurance policy. But if their car is not insured, it is not the borrowers legal responsibility to have coverage or to ensure there is coverage for that car. It would be smart to make sure the car is insured, but there is no legal requirement. The insurance policy also says you must be the titled owner of any vehicle you are insuring, therefore you cannot insure someone else's vehicle.

Clear enough?

If not, maybe call the Dept of Insurance for Ohio.

The part a lot of people ignore is that if you have a drivers license in the state of Ohio you are required to have insurance regardless if you own a car or not.

[ohiomike]

The requirement is for financial responsibility, which is usually in the form of a liability coverage, not for damage to the car.

The issue here is for damage to the car.

[Tonik]

The requirement is for financial responsibility, which is usually in the form of a liability coverage, not for damage to the car.

The issue here is for damage to the car.

Damaging someones car is liability. It is property liability. And yes Ohio requires property liability in addition to personal liability. Stop making this so complicated. If YOU damage my car YOU are responsible. It is as simple as that, unless you are in a no fault State which we are not.

[ohiomike]

No, there is a difference, but you all know it all and will beat this to death. I am done with it. Sorry for trying to help. I will not get involved with any of this kind of thing anymore. Its not worth it.

[Scruit]

Don't forget your insurance company will subrogate the claim jointly and severally to both the owner and the driver. Under Ohio law, in the case of a motor vehicle accident, both driver AND owner are responsible for making sure the operation of the vehicle was covered by insurance.

[conn-e-rot]

The requirement is for financial responsibility, which is usually in the form of a liability coverage, not for damage to the car.

The issue here is for damage to the car.

Liability insurance covers the other car not yours

[Scruit]

Damaging someones car is liability. It is property liability. And yes Ohio requires property liability in addition to personal liability. Stop making this so complicated. If YOU damage my car YOU are responsible. It is as simple as that, unless you are in a no fault State which we are not.

If you borrow my car and wreck it then of course I am owed for the damages - but if I have no insurance and you have liability-only (which will not cover the damage to the car you are driving) then it will come out of your pocket, not your insurance. If you want to be covered for damages to cars you borrow then purchase collision coverage. I am covered comprehensive, any car, any driver.

If liability insurance covered a borrowed car you are driving then my buddy and I could both get liability-only, borrow each other's cars permanently and both effectively have collision coverage for free.

Edited February 15, 2013 by Scruit

[crb]

So will your premium go up?

I am kind of the same boat with an incident envolving my son.

My parent's premium didn't. They shouldn't raise your premium for accident with an uninsured motorists.

If you drive uninsured you are automatically at fault in an accident.

[crb]

If you borrow my car and wreck it then of course I am owed for the damages - but if I have no insurance and you have liability-only (which will not cover the damage to the car you are driving) then it will come out of your pocket, not your insurance. If you want to be covered for damages to cars you borrow then purchase collision coverage. I am covered comprehensive, any car, any driver.

If liability insurance covered a borrowed car you are driving then my buddy and I could both get liability-only, borrow each other's cars permanently and both effectively have collision coverage for free.

You may be owed, but you will have to work it out with tge borrower or sue them.

[Chrome]

My premiums will not go up for this. BTW. I have State Farm insurance and it has been very smooth with them so far. If anyone needs an agent I can get you the info. Saved me a ton when I switched to them.

[Kennyb357]

http://www.youtube.com/watch?v=PztgWdMEJdg

[Big Chief201]

I didnt read the whole thread but you should just go to small claims against the car owner AND the driver. You could sue the owner of the car for 3k and then sue the driver of the car for 3k. Pretty simple stuff pay about $150 to the courts to sue them, go to court with your evidence and money in the bank (if you can prove it).