She crashed my car!!

Discussion in 'Relationships, Discrimination, and Jealousy' started by P0KEY, Sep 1, 2009.

  1. P0KEY

    P0KEY New Member

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    So last week a friend of mine decided to drive my car around the parking lot of this plaza while I was inside of a store. So on my way out I see her trying to park my car and boom she hits a parked car. So I leave a note under the guy's windshield wiper. About 2 hours later he calls, and we meet up, she tells him what happened and he asked to switch insurance info, but she told him the owner of the car didnt have insurance and she wanted to pay out of pocket. I have insurance, but its my parents policy. So today he called her and said the esitmate for the damage was $1600.00 and she isnt saying it, but she is tryna to get me to pay half.

    My questions are:
    1 Should I ask for a 2nd estimate?
    2 Am I liable because its my car?
    3 Would it be cheaper 4 her if I claim it on my insurance?
     
  2. Rikter8

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    1. You want a written estimate from the place of repair. Not his verbal. I would be calling your friends insurance company and see if there is any extended coverage.
    2. YES - You ARE liable. It's your car, your property, Your insurance.
    3. Your insurance most likely would cover the damages, however your premiums are going to go up. You MAY have insurance that does not cover for drivers other than you operating that vehicle, which leaves you holding the bag.

    That's an interesting bump for $1600.00. How fast was she going???

    He conveniently has no insurance? That's against many state laws. He can be fined if reported.
    Most of the time......if you leave it alone, he will dissapear, since he has no insurance.
    On the flipside, he may take you to small claims court, and in front of a judge - whom will ask why you didn't report it to police - and almost instantly award him the judgement.

    Never allow a friend to drive your automobile.
    Never leave a recently sold Vehicle in your name - transfer the title at the time of sale.

    In the event that your friend Pays him off - Make sure you get it in WRITING that she is FREE AND CLEAR of ANY FURTHER JUDGEMENTS with that payment.
    Otherwise - he'll come back, sue again, deny payment was made and she'll pay him again.

    Do it the right way. Notify your insurance company, and ask them what you need to do.
    You may need to do a police report, which will require your Friend to admit to her doing - but it will be much cleaner, and LEGAL to protect both of you.
     
    #2 Rikter8, Sep 1, 2009
    Last edited: Sep 1, 2009
  3. Principessa

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    #3 Principessa, Sep 1, 2009
    Last edited: Sep 1, 2009
  4. rainbowknight

    rainbowknight New Member

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    Trade the girl in and keep your car - just joking.

    The other two posts were very sound advice. Take it!
     
  5. hud01

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    It is the car and the driver, unless she has a policy which covers her when she drives another car. If she drove the car and your policy doesn't cover her as a driver you are both screwed.

    Because you left without the police writing an accident report, there are again serious doubts about whether any insurance company will cover it.

    You need to see a written estimate from the repair shop and if it is legit, you should ask for a second one.

    It is her fault, do not pay a nickel unless the guy sues you, then you might have to sue her. If she doesn't pay all of it, find a new friend. Actually if she is so stupid to get in an accident in your car, find a new friend.

    Do not under any circumstances claim it under your policy. Your insurance will go up, way up.

    Oh yeah, you probably have a $500 deductable on top of it all.
     
  6. hud01

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    You are number one of my question on reading comprehension.

    The girl told the owner of the car that got hit that the owner of the car that hit him, the OP, did not have insurance.
     
  7. hud01

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    Ok Reading comprehension part 2.

    The person who had the accident was female. Nowhere does it say he told her it was ok to drive the car while he was in the store.
     
  8. P0KEY

    P0KEY New Member

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    Thanx 4 the Advice.. I feel so stupid 4 1st not taking pictures of the car, and for not tellin the police.
     
  9. Principessa

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    I realize that you sanctimonious prick. :irked: However, the fact still remains that if he reports this to his insurance company it will go on the records as "male, under 25, car accident."
     
  10. Rommette

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    I dont let ANYBODY drive my car.......ever! I suggest you sue her when he sues you. One thing i must have missed....is your car damaged?
     
  11. D_Martin van Burden

    D_Martin van Burden Account Disabled

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    One:
    Okay. So, really, you want to try to hide this accident from your parents' insurance (and probably your parents too if they have any say on whether or not you get to keep this car, right?). Come clean. If you don't, and you can't come up with the money for the repairs and this guy wants to take you to small claims court over it, you're in for a lot worse trouble.

    I would ask this guy to give you a written copy of the estimate. To protect your own ass, I would insist that it would be better and more fair to you if you were able to work this out with his insurer. I say that because my car is leased and I have to have protections in writing whenever I get a repair done to it stating that the car has been repaired to factory specification. The insurer can tell you which body shops are "approved" to repair a lease of a specific make and model. (I know; that's a kickback scam in and of itself, but you're bereft of options as it is.)

    Two:
    The shorthand answer is "yes." However, technically, it's your parent's liability. You would have to check your policy for the specifics on this. When I was listed under my mom's insurance, I was allowed to drive the car, but if I were to damage it, she would be responsible. You work the same way. Your friend, likely, does not.

    Three:
    If you were to take responsibility for the accident, you (your parents, both, etc.) would have to pay the deductible listed on your parents' auto insurance policy. Paying that deductible would allow that guy's car to go into the shop, get patched up, and sent back on its merry way. The auto insurance policy covers up to a certain amount of damages.

    However, after an accident has appeared on that policy, your parents become "rated" drivers, meaning that their premiums will go up. There's no way to foresee right now just how much more they'll pay or how long they'll pay more. They could always tried to plead their case to the insurer, but there are no guarantees.

    Ironically, I became a rated driver when an uninsured motorist hit my car. After exchanging insurance information, my people found out that his coverage had lapsed. (Supposedly, he was rushing home that night to pay the premium, check in the car and all. Whatever.) My car needed to get fixed, so I paid the deductible and it went into the shop. There's a process called subrogation in which the insurance company will try to get the at-fault party to pay back what they paid out for repairs. If it goes all well and good, then I'm not rated (they make their money back). If they balk on the payment, I get dinged. Sucks, huh? In any event, I was rated for about 12 months and I paid about 1.5x my previous monthly payment. It was only when I moved into a better-rated ZIP code that my premiums dropped down.

    Incidentally, Arizona is bad on property theft (i.e. bikes) and not so much auto accidents, so I'm now paying about a third of what I was paying while living in Kentucky.

    Lesson learned:
    If your friend even tries to get triflin' about paying for these damages, kick her to the curb and snatch something valuable back while you're at it.
     
  12. Florida Boy

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    Pull out your policy or have your parents pull it out and report it to the ins co. Full disclosure of both drivers and the circumstances. As for as damage to your vehicle there will be a deductible-get an estimate. On the other vehicle, the damages is owed. whether or not the full $1,600 is related to the incident is an issue for the insurance company not you or the driver. The policy was purchased to handle claims. They do it all the time-you don't.

    If your friend isn't a premissive user, they will tell you. If not, they will not pay for damages to the op vehicle. It the other party had no insurance, is of no concern of yours.

    Keep us advised.
     
  13. hud01

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    You made the asshole comment that this is why male drivers under 25 have high insurance rates. So a girl screws up and the gut gets blamed.... Normal BS
     
    #13 hud01, Sep 2, 2009
    Last edited: Sep 2, 2009
  14. P0KEY

    P0KEY New Member

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    Well I drive a 98 chevt tracker and i only have tiny scratches on my plastic bumper so its not noticeable, but the car that was hit has scratches on the hood and the buper is loose toward the left headlight. And I told my parents, but they are both retired, and on fixed incomes and cant afford rise in the auto insurance, but I just found out my friend that hit the car has a rich grandfather!!
     
  15. lucky8

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    Nevermind.
     
    #15 lucky8, Sep 2, 2009
    Last edited: Sep 2, 2009
  16. jason_els

    jason_els <img border="0" src="/images/badges/gold_member.gi

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    Ummmm.......

    Some good advice here but also some erroneous advice.

    If your friend has her own auto policy then her liability coverage will apply. Liability follows the policyholder, not the vehicle, in most states.

    You may also be shit out of luck with your insurance company if the policy your parents has is limited only to drivers listed on the policy. This is not an unusual restriction when purchasing a policy for a car where a child (not necessarily a minor) is listed as the primary driver.

    What you do is call your broker and ask about the coverage limitations and find out if your friend has a policy in her own name. You can tell them anything you like about the accident. You won't be dinged so long as you do not file a claim. Ask your broker about liability law (whether it follows driver or vehicle) and tell them the truth about what happened. Your broker will tell you what to do. Be aware they may go after your friend if she has a policy or they may sue her outright.

    You have got to address this with your broker. The reason for this is the subrogation situation mentioned above. The guy your friend hit with your car may file a claim under his own policy and then his insurer will come after your insurer for the damages. You do not want your parents to suddenly find themselves in this situation.

    Now, I'm assuming this all happened here in good old New York. If that's the case, your friend is the one who is going to pay because she took your car without your permission. The guy who was hit by her will have to go after her insurance company providing she has one. If she doesn't, they'll have to get the money from her somehow (think court). You will have to swear an affidavit describing the events to the best of your knowledge. She may come back and claim she had your permission. Your insurance company will back you if you claim she didn't have your permission.

    Quick thing to note here. If the car doesn't belong to you but to your parents, then she definitely didn't have permission because they are the people from whom she would legally have to seek permission.

    Once again, this is why it's important to contact your broker. New York is a no fault state so there are limitations on who can sue whom for what. Please, please, please, call your broker and tell them what happened. Talk to your parents as well. THEN, and only then, talk to your friend because the fact is, without permission, she's the one on the hook because she used the car without permission of the owner.

    My family has a New York state insurance brokerage and we talk about this stuff all the time. Exciting dinner conversation it isn't, but all this has been drilled into my head since I turned 16 and started driving on my own. Don't for a second assume any liability for this either verbally or in a written statement. The other guy was parked and not in his vehicle in a place where one is expected to park a vehicle. As far as his insurance company (and the law) are concerned, he has no liability what-so-ever because nothing he did contributed or could be construed to contribute to the collision. Had he been in a moving vehicle or even behind the wheel while stopped, then different law applies.

    Yes, this could get ugly really quickly if your friend isn't honest.

    If you're curious as to my credibility, check out this very situation on insure.com.
     
    #16 jason_els, Sep 2, 2009
    Last edited: Sep 2, 2009
  17. dolfette

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    was she driving without your permission?
    if so she is not only liable for full costs but also guilty of a criminal offense. she's being a bitch and doesn't deserve your protection.
     
  18. vince

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    Ditto... Rich grandpa to the rescue!

    Hope you learned a lesson.
     
  19. Ed69

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    All arguments aside,take your keys with you when you leave the vehicle!Good luck.
     
  20. ZOS23xy

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    In the eyes of the law parking lots are considered private property, which changes things. More than likely, no legal charges should be had, unless you have intervention of the property owner.

    It's your girlfriend's liability.
     
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