  Nick Purveyor of common sense Premium,VIP,MVM join:2000-10-29 Smithtown, NY clubs:
| [Help] who's insurance to file with (driving a family member's c
There's always someone who knows the answer to this...
I got rear-ended while driving my mothers car. We both reside at the same address but have different insurance companies. I need to verify but I am pretty sure she has comprehensive and collision on that vehicle and I have both on my insurance for a different vehicle.
I plan on notifying both and obviously pursuing the other driver's insurance for the damages but who should be my primary point of contact for handling this claim on my side...Is it my mother's insurance company or mine? -- Stupidity, like hydrogen, is one of the basic building blocks of the Universe.
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 sjprep06
join:2008-04-01 Philadelphia, PA | Re: [Help] who's insurance to file with (driving a family member
I would think that it would be your mother's insurance since that was the vehicle involved in the accident. You may have a different car insurance company but you were driving your mother's car.... |
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  Lurch77 Stop looking at me. Premium join:2001-11-22 +44.88-87.89 | Yep, your mom's car, your mom's insurance. |
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 tcope Premium join:2003-05-07 Sandy, UT | reply to Nick If you were driving her vehicle with her permission, you'd be an insured under her policy for liability reasons. Any 1st party coverage would also come from her policy as the vehicle is listed on her policy. |
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 Waterbug
join:2008-03-30
| reply to Nick File the claim with her insurance company. They will sort out who is liable for the repairs. It varies from one state to another. For instance, Michigan is a "No fault" state. Even though the other driver was to blame, the vehicle owners insurance covers the repair expense. In other states, the person to blames insurance covers the cost. If the other driver was uninsured, it sets up an entirely different set of rules. (Uninsured motorist coverage may apply). |
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  Doctor Olds I Need A Remedy For What's Ailing Me. Premium,VIP join:2001-04-19 1970 442 W30 clubs:
1 edit | reply to Nick said by Nick :I got rear-ended while driving my mothers car. We both reside at the same address but have different insurance companies. I need to verify but I am pretty sure she has comprehensive and collision on that vehicle and I have both on my insurance for a different vehicle. Are you under 25? Unmarried? Do you know if your Mother has restrictions for her Policy Ratings? Most will have a "No Unmarried Driver under 25" exclusion so that she gets a discounted premium and if you are in that excluded group then you will not be covered by her insurance policy for driving her car even with her permission to drive it and it could affect her keeping the insurance policy for breaking the exclusion.
Check her auto insurance policy declarations page for a statement like this one:
quote: RATING INFORMATION This vehicle is driven a maximum of 7,500 miles per year, for pleasure, adult age xx, with no unmarried driver under 25, good driver rate
-- Whats the point of owning a supercar if you cant scare yourself stupid from time to time? |
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  Nick Purveyor of common sense Premium,VIP,MVM join:2000-10-29 Smithtown, NY clubs:
| I'm 29 so i don't think that exclusion will be an issue.... I have a clean driving record less one ticket...and 0 accidents where i could even come close to causing...but i sure seem to attract all the lousy drivers...ironically my last car got totaled by a white ford van hitting me in the back...this was a white ford van but thankfully she was not going very fast. must have let go of the brake and gave it some gas when the light changed to green. the best part was when nypd showed up and asked her to move her van. she almost got into another accident 3 times while trying to move the van out of the way... -- Stupidity, like hydrogen, is one of the basic building blocks of the Universe.
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  joako Premium join:2000-09-07 /dev/null
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| reply to Waterbug said by Waterbug :File the claim with her insurance company. They will sort out who is liable for the repairs. It varies from one state to another. For instance, Michigan is a "No fault" state. Even though the other driver was to blame, the vehicle owners insurance covers the repair expense. In other states, the person to blames insurance covers the cost. If the other driver was uninsured, it sets up an entirely different set of rules. (Uninsured motorist coverage may apply). Florida is also a "no fault" state but when I tried to file with my insurance for a rear end they said I had to pay the deductible.
File with the other person's insurance company... -- PRescott7-2097 |
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  Doctor Olds I Need A Remedy For What's Ailing Me. Premium,VIP join:2001-04-19 1970 442 W30 clubs:
| reply to Nick said by Nick :I'm 29 so i don't think that exclusion will be an issue.... I have a clean driving record less one ticket. Then you are in good shape with that exclusion. File with the other parties insurance, and notify the insurer that your Mother uses that you have filed a claim against the other parties insurance as they do need to be notified of the accident. Obviously check your local laws for any specifics that make general advice incorrect. -- Whats the point of owning a supercar if you cant scare yourself stupid from time to time? |
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 tcope Premium join:2003-05-07 Sandy, UT
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| reply to joako said by joako :said by Waterbug :File the claim with her insurance company. They will sort out who is liable for the repairs. It varies from one state to another. For instance, Michigan is a "No fault" state. Even though the other driver was to blame, the vehicle owners insurance covers the repair expense. In other states, the person to blames insurance covers the cost. If the other driver was uninsured, it sets up an entirely different set of rules. (Uninsured motorist coverage may apply). Florida is also a "no fault" state but when I tried to file with my insurance for a rear end they said I had to pay the deductible. Florida is like many other states, "no-fault" coverage only applies to injuries. MI is truly "unique" in that no-fault applies to property damage as well.
If you file under your own policy, you pay your deductible amount. If another party is liable and that money can be collected, then your deductible is refunded at that time. |
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 Langning Premium join:2003-04-28 Marlborough, MA
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| reply to Nick In MA, all drivers in the same residence must be registered as operator of the vehicle to qualify for insurance coverage. If different address and driving occasionally, you can use someone else's car and still be covered. But same address and related and not listed as operator, you'll be denied of coverage... Obviously NY law is different.
I think your mom's policy covers her damaged auto if you are held liable. Your own insurance will cover whatever claims if the other party sues you and you are at fault.
Regardless, if you believe the other party is 51% or more at fault, I would file the claim directly with the other party's insurance company. Usually your or your mom's insurance agent can advise the best course of action. |
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 Waterbug
join:2008-03-30
| reply to Nick Three years ago, I bought a 1995 Saturn with only 12,000 miles from a relative in West Virginia, for $2500. I registered and insured the vehicle in Michigan, before I went to pick it up. An unlicensed driver (driving his mothers car), rear ended me, did an ollegal U-turn and ran. (in Ohio) I got the plate number and a Sheriff nailed him 15 miles down the road. He did jail time, but his insurance company refused to pay more than I paid for the vehicle. (damage was $3,250). My insurance company covered the entire repair but I had to provide service records from Saturn dealers, to verify the milage. |
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  KrK Heavy Artillery For The Little Guy Premium join:2000-01-17 Tulsa, OK
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| I hate when they play that game.
What game? The game of "The car is worth what you paid for it."
BS. It's worth what book value says it's worth, and there's plenty of examples of "Grandma" cars out there where the car has a nice age but next to nothing mileage.
IMHO just because you got a nice deal buying a car below value doesn't mean the insurance company doesn't have to pay what it's worth to fix it or total it. They often seem to think so. -- "Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini
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 tcope Premium join:2003-05-07 Sandy, UT
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| I don't think that is what Waterbug means. I think what he means is that the insurance company would not pay more for repairs then the vehicle was worth (i.e. its a total loss). Waterbug's carrier did not consider it a total loss so they paid for the repairs. |
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  KrK Heavy Artillery For The Little Guy Premium join:2000-01-17 Tulsa, OK
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| That's not what he said, however, he said they would not pay more then he paid for it, not how much it was actually worth, I think that was the point of proving it only had 12k worth of miles on it..... to show it's value was higher then 2.5k.
-- "Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini
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  MrMoody Carbon Based Lifeform
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| reply to Doctor Olds said by Doctor Olds :Are you under 25? Unmarried? Do you know if your Mother has restrictions for her Policy Ratings? Most will have a "No Unmarried Driver under 25" exclusion so that she gets a discounted premium and if you are in that excluded group then you will not be covered by her insurance policy for driving her car even with her permission to drive it Doc, you're rarely wrong, but I can tell you as someone who has worked in P&C insurance for years, you are here. No state insurance commission would allow this exclusion, and none does to my knowledge. You're confusing underwriting and rating information with coverage. Now she COULD get her policy canceled (with required minimum notice) if such a type of driver lives with her and she didn't disclose that fact, but they CAN'T deny a claim on that basis in any state I know of. This is an urban legend I hear a lot.
You as a car owner are even covered for a driver who didn't have permission to drive your car, it's only the driver who is not covered for HIS liability, and you can still be deemed liable by mere ownership. That one might get argued in court, but if you (and your company) lost, your policy would pay. The unpermitted driver could be sued separately or additionally, and your policy would NOT pay his individual liability.
Having a policy canceled by the company is a bad enough penalty for lying on an application, it makes it nearly impossible to get a good rate after that; in most places you'd be on the assigned risk pool or a substandard company at robbery rates. -- CO2 is not a pollutant. It feeds the starving. |
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  Doctor Olds I Need A Remedy For What's Ailing Me. Premium,VIP join:2001-04-19 1970 442 W30 clubs:
| said by MrMoody :said by Doctor Olds :Are you under 25? Unmarried? Do you know if your Mother has restrictions for her Policy Ratings? Most will have a "No Unmarried Driver under 25" exclusion so that she gets a discounted premium and if you are in that excluded group then you will not be covered by her insurance policy for driving her car even with her permission to drive it Doc, you're rarely wrong, but I can tell you as someone who has worked in P&C insurance for years, you are here. No state insurance commission would allow this exclusion, and none does to my knowledge. You're confusing underwriting and rating information with coverage. Now she COULD get her policy canceled (with required minimum notice) if such a type of driver lives with her and she didn't disclose that fact, but they CAN'T deny a claim on that basis in any state I know of. This is an urban legend I hear a lot. You as a car owner are even covered for a driver who didn't have permission to drive your car, it's only the driver who is not covered for HIS liability, and you can still be deemed liable by mere ownership. That one might get argued in court, but if you (and your company) lost, your policy would pay. The unpermitted driver could be sued separately or additionally, and your policy would NOT pay his individual liability. I copied that info verbatim from the Declarations page of an Allstate Policy. I can't speak to what would happen in Court, I just know what would happen to the coverage if you tell them one thing and do something completely different that ended up in an accident situation.

-- Whats the point of owning a supercar if you cant scare yourself stupid from time to time? |
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  MrMoody Carbon Based Lifeform
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| Under the header of RATING INFORMATION, in other words the information used to calculate your rate. It also says maximum of 7500 mi/yr, if you hit 7501 do you have no coverage? I know you do. But don't believe me, ask a claims adjuster (not an agent, half of those don't know jack). Tons of people don't report teenagers; excluding unauthorized drivers from coverage would result in mass chaos. -- CO2 is not a pollutant. It feeds the starving. |
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  Doctor Olds I Need A Remedy For What's Ailing Me. Premium,VIP join:2001-04-19 1970 442 W30 clubs:
| said by MrMoody :Under the header of RATING INFORMATION, in other words the information used to calculate your rate. It also says maximum of 7500 mi/yr, if you hit 7501 do you have no coverage? I know you do. But don't believe me, ask a claims adjuster (not an agent, half of those don't know jack). Tons of people don't report teenagers; excluding unauthorized drivers from coverage would result in mass chaos. I understand that and I clearly stated it was under the Ratings from the beginning, but there are penalties for what is fraud when you mis-represent your situation to the Insurance Company including revocation of coverage, restitution with interest, civil suits, and possible criminal charges depending on where you live (time to read the fine print). Tons of people cheat on their taxes, steal and are overall a burden to the rest of society as they think none of it applies to them, they drink and drive, kill others, speed and drive recklessly, maim others for life and ruin entire families lives all along thinking the rules don't apply to them. Too many think that it is ok just because others are doing it.
6 Consequences Of Lying To Your Car Insurance Company »www.insurancehotline.com/article/456 quote: Providing false information to your insurance company is considered a form of fraud. If you are caught committing or attempting to commit insurance fraud, be prepared to face 6 serious consequences:
1. Your insurance policy may be cancelled
2. Your reported claim will be denied
3. You will face higher insurance premiums
4. You may be denied car insurance coverage in the future
5. If found guilty under the Insurance Act, you will face a fine of up to $100,000 for the first offence and up to $200,000 for additional offences for non-criminal offences
6. If found guilty under the Criminal Code of Canada, you will face a maximum of 10 years in jail for fraudulent cases over $5000 for all criminal activities
Lying on Insurance Applications? »insurancelower.com/Rant.php?IdRa···cations? quote: Telling lies on an auto insurance application is far from wise. Procedures for checking the information provided to insurance companies are increasingly sophisticated and extensive, making it progressively more likely that false information will be exposed. As well as the probability of being detected, a person who lies on an insurance application runs the risk of having the policy rescinded and being obliged to pay costs that may amount to tens of thousands of dollars.
The law is quite clear on the penalties that apply to people who give false information when completing an insurance application. An example of this is California Insurance Code Section 359. Under this code section, if a false representation is made in relation to any material point, whether it is affirmative or promissory, the company can rescind the policy and it will also be regarded as invalid "from the time the representation becomes false". This means in such a case that the policy is deemed to have actually provided no cover for the person who gave the false information.
A spokesman for the California Department of Insurance, Scott Edelen, points out that more than one problem can occur for someone who lies on an insurance application. As well as having the policy rescinded, the person may also be liable financially. This could happen if, during the rescinded policy period, any claim damages were paid. Such claim can involve large amounts, leaving the policy holder owing a lot of money.
-- Whats the point of owning a supercar if you cant scare yourself stupid from time to time? |
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 Waterbug
join:2008-03-30
| reply to tcope said by tcope :I don't think that is what Waterbug means. I think what he means is that the insurance company would not pay more for repairs then the vehicle was worth (i.e. its a total loss). Waterbug's carrier did not consider it a total loss so they paid for the repairs. The other insurance company never mentioned BOOK Value. They specifically mentioned the price that I declared to the state, when I registered the vehicle. Since I bought it from a relative, I got it for a price at which I could NEVER replace it. I did search and find a similar vehicle with similar mileage for sale in California, for twice the price. The other insurance company disregarded the information, stating that the Zip Codes were to far apart for comparison pricing. They flat didn't want to pay. I'm sure that my insurance company collected from them in the end. They'll screw with an individual over $500 or a $1000 but won't go up against another companies lawyers over such a small amount. |
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