She crashed my car!!

hud01

Expert Member
Joined
Jan 1, 2009
Posts
4,983
Media
0
Likes
106
Points
133
Location
new york city
Sexuality
80% Straight, 20% Gay
Gender
Male
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.
Very good, except no fault is for liability, not collision.
 

EboniGoddess

Admired Member
Verified
Gold
Joined
May 24, 2008
Posts
1,090
Media
23
Likes
906
Points
458
Verification
View
Sexuality
100% Straight, 0% Gay
Gender
Female
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!!


:eek: Tell her ass to suck up to Grandpa and get the money from him.
 

Darkriff

Experimental Member
Verified
Gold
Joined
Jul 12, 2009
Posts
367
Media
0
Likes
10
Points
273
Location
Nowhere Else (Tasmania, Australia)
Verification
View
Sexuality
80% Gay, 20% Straight
I've read the other posts and for the most part they're right. A few details I'd like to add is this. For one, she would only be held liable if you pressed charges against her for taking the car without your permission. Otherwise nothing happens to her. As far as your insurance company, some insurance companies may refuse to pay for any damages incurred if the operator of the vehicle isn't on the policy. If you claim it then yes, your parents premium will undoubtedly go up. As far as quotes from this guy, I agree with the tons of other people that said the same thing, get a written quote from him, and check into second and third quotes.