Who is responsible?

[Triple]

...

[wildchild]

does the girl have insurance of her own on a vehicle or is she on her mother's policy? if so they may want her insurance to cover the car, they will pick up the extras if any. if not she is considered an uninsured driver and he has no claim.

[ericr]

Who's his insurance with?

My insurance covers ANY licensed driver, most do, unless they are listed as "not allowed" to drive the vehicle (my niece who lived with us for a while and her record was horrific, could not drive any vehicle in the houshold).

Other than that I can't help.

[shmike]

Mr. Hand got right.

It depends on if she lives with him.

You can loan your vehicle to another licensed driver and they will be covered on your insurance if they don't have thier own.

Because it is most likely that you'd loan your vehicle to someone at home, other licensed drivers in the house are supposed to be listed with the insurance provider so that they may be added to the policy if necessary.

[the chi]

does the girl have insurance of her own on a vehicle or is she on her mother's policy? if so they may want her insurance to cover the car, they will pick up the extras if any. if not she is considered an uninsured driver and he has no claim.


I agree with this. If she is driving legally, her mother has to have insurance on her, he may be able to go that route, but it could be ugly for the relationship...

He needs to read the fine print in his policy, because often times they state coverage includes you and any other driver (whether on your policy or not) OVER the age of 25. My policy is like that, and for that very reason I do not allow anyone under the age of 25 to operate any of my vehicles, nor would I ever loan it out.

[Yamerhaw]

His basic liability insurance should cover the damage done to the other person's vehicle, but they may not have to cover the damage to his own...i mean thats what liability is for: the damage "your vehicle" does to other property shouldnt matter who is driving....but as far as the collison aspect of his insurance , it may very well not cover his own vehicle since she was not listed on the policy,.. however i'm sure all states are different

[Corey]

Depends on how his insurance is written and who it's insured with. If his coverage specifically states that coverage is only provided to listed drivers, then he's going to have a hell of a time getting payment through his company if they've already determined that there is no coverage.

Really, he's going to have to look at the wording of his insurance contract to determine if he has a leg to stand on. It sounds like, since his claim has been denied already, he has a policy that only covers drivers who are specifically listed on the policy, and the person responsible for paying for damages will be him.

[Papa_Complex]

Insurance question. If you have links or other sources for your answers, please include them. I wasn't sure how to word this for a Google search myself...

The 17 year-old daughter of a coworker's girlfriend struck (or was struck by) a deer while driving his Infiniti this past weekend. She was not listed as a driver on his insurance policy; he had simply let her borrow the car for a night. The collision caused significant damage; I haven't seen the car since the wreck, but my coworker is under the impression it might be totalled.

Even though his insurance policy includes comprehensive and collision coverage (not sure which one covers hitting animals), his carrier is denying him coverage for this accident because the girl is not listed as a driver on his policy.

The car is registered in Georgia, but the accident occurred in Tennessee. Can his insurance provider legally deny him coverage for this wreck? If so, it sets the precedent that it is never safe to loan your vehicles to friends or family, which, obviously, people do all the time.

I've been in wrecks in cars that weren't mine and never had any such problem (albeit, this was in Michigan, which may be the reason why).

Thoughts?

If she lives in his home and wasn't disclosed as a possible user of the vehicle, then he's likely hosed. The policy costs are scaled based on the company's risk exposure and a young occasional driver of a vehicle significantly increases this exposure.

If she doesn't live with him then he's got a shot, but would likely have to sue his own insurance company in order to get them to pay out.

[skiergirl]

couple links I found by searching Ins coverage on borrowed vehicles - Seems to apply to your case too...

http://en.allexperts.com/q/Auto-Insurance-Claims-2055/Auto-Insurance-Coverage-Borrowed.htm

http://answers.google.com/answers/threadview/id/69471.html

you can probably find several more by that search wording to help too...

[askmrjesus]

His basic liability insurance should cover the damage done to the other person's vehicle, but they may not have to cover the damage to his own...i mean thats what liability is for: the damage "your vehicle" does to other property shouldnt matter who is driving....but as far as the collison aspect of his insurance , it may very well not cover his own vehicle since she was not listed on the policy,.. however i'm sure all states are different

I'm just guessing, but I don't think the deer's car was damaged...

JC

[CrazyKell]

In Canada she would be considered covered since he had given her verbal consent to drive the vehicle.

I double checked this when a boyfriend was visiting and could potentially be driving my car.

Not sure in the states. :idk:

[Papa_Complex]

In Canada she would be considered covered since he had given her verbal consent to drive the vehicle.

I double checked this when a boyfriend was visiting and could potentially be driving my car.

Not sure in the states. :idk:

He didn't live with you, so it wasn't an issue. Family are a different story.

[Amber Lamps]

A deer collision is considered "comprehensive" trust me I know...:lol: and as such may not be covered under several conditions depending on the policy. If she had gotten in an accident with another vehicle, things may have been different. Besides, it was a girlfriend's daughter which makes it NOT a family member people... There also may be details your co-worker may not be telling you. If she was at fault for some reason, as in inebriated or driving recklessly the ins co could cry foul... if it were me btw I'd be on the phone working my way up that ins co's corporate ladder. I would also call the gf's ins if the daughter is on it, fuck the relationship we're talking thousands of dollars here!

[Amber Lamps]

He didn't live with you, so it wasn't an issue. Family are a different story.


gf's daughter=not family

[Papa_Complex]

gf's daughter=not family

Resident of the same home and potential vehicle user, common law relationship, etc. all count as essentially the same in the eyes of most insurers. They are all people who could reasonably be expected to be occasional users of a vehicle and must be declared on a policy.

[shmike]

gf's daughter=not family

The issue is residence, not blood.

[Amber Lamps]

Resident of the same home and potential vehicle user, common law relationship, etc. all count as essentially the same in the eyes of most insurers. They are all people who could reasonably be expected to be occasional users of a vehicle and must be declared on a policy.

Unless they have their own insurance... if the mother/gf has ins then the daughter falls under her policy regardless of living arrangements... although I will concede that ins co's will try anything to get out of paying a claim. Like I said, there is no way I would just let this go with one no!

[Rider]

Insurance question. If you have links or other sources for your answers, please include them. I wasn't sure how to word this for a Google search myself...

The 17 year-old daughter of a coworker's girlfriend struck (or was struck by) a deer while driving his Infiniti this past weekend. She was not listed as a driver on his insurance policy; he had simply let her borrow the car for a night. The collision caused significant damage; I haven't seen the car since the wreck, but my coworker is under the impression it might be totalled.

Even though his insurance policy includes comprehensive and collision coverage (not sure which one covers hitting animals), his carrier is denying him coverage for this accident because the girl is not listed as a driver on his policy.

The car is registered in Georgia, but the accident occurred in Tennessee. Can his insurance provider legally deny him coverage for this wreck? If so, it sets the precedent that it is never safe to loan your vehicles to friends or family, which, obviously, people do all the time.

I've been in wrecks in cars that weren't mine and never had any such problem (albeit, this was in Michigan, which may be the reason why).

Thoughts?

This is a very true statement and I NEVER loan my cars out to anyone. It's reasons like this is why I never loan my car out. You can't trust ANYONE.

[Amber Lamps]

The issue is residence, not blood.

True, unless they have their own insurance... I had a roommate and Allstate tried to put him on my insurance. I had to prove that he had his own and exclude him from coverage on my vehicle. I understand what you all are saying but I think that we actually need more information (like residency) before we can come to any concrete conclusions. :lol:

[Papa_Complex]

The daughter would fall under the mother's policy *IF* she was declared on it. I don't know about coverage of a third-party vehicle down there. Y'all have too many laws, State to State.

[Amber Lamps]

The daughter would fall under the mother's policy *IF* she was declared on it. I don't know about coverage of a third-party vehicle down there. Y'all have too many laws, State to State.

Now that is the truth for sure!

[Amber Lamps]

The daughter would fall under the mother's policy *IF* she was declared on it. I don't know about coverage of a third-party vehicle down there. Y'all have too many laws, State to State.

Hmmm... I'm not sure. If I lived with a woman with a kid, declared or not, you'd think that the kid would fall under her policy as the parent before it would fall under mine...:idk: One thing I'm sure of, BOTH ins co's will try their best to try and get out of this claim if they can!

[z06boy]

My policy only covers licensed drivers that are at least 25 years old that aren't on my policy if I remember correctly.

The age thing sounds weird but I believe that's how it is written.

[wildchild]

many times (not necesarily here) what happens is junior turns 16-17 and gets a license but no car. mom and dad "forget" to tell the insurance company they have gotten a license because they don't want to pay extra premium. that child is uninsured and not covered on any vehicle they drive.

my son costs me $1000 / yr just to ensure if he drives something it's covered. HE is added to my policy and can drive any of my vehicles as well as anyone elses under my insurance.

[Papa_Complex]

many times (not necesarily here) what happens is junior turns 16-17 and gets a license but no car. mom and dad "forget" to tell the insurance company they have gotten a license because they don't want to pay extra premium. that child is uninsured and not covered on any vehicle they drive.

my son costs me $1000 / yr just to ensure if he drives something it's covered. HE is added to my policy and can drive any of my vehicles as well as anyone elses under my insurance.

Some companies will go so far as to make the worst risk into the primary on the policy, then add the lesser risks as occasionals.

[HurricaneHeather]

I don't know if this has already been said or not, so sorry if I am repeating someone else's post:

When my husband wrecked a friend's bike(so obviously not on his insurance) I called my insurance company to see what insurance is responsible. I was told that the owner of the vehicle's insurance must be used because the owner allowed my husband to ride, therefore, the owner is liable for what happens.

The owner's insurance company paid for the damages and as far as I know, didn't give them any trouble over it either. :shrug:

[Looni2ns]

In insurance legalese, she's known as a "permissive user" since she had his permission to drive the car. He needs to get the policy out of the drawer and read it, especially the definition of an insured driver and the exclusions. If the insurance company contends there is no coverage, he deserves an explanation, including a cite to the specific policy language, in writing. Also, if she is a covered driver under her mom's policy, or has her own policy, then her or her mom's insurer should provide coverage for the incident.


Disclaimer -- I'm not a lawyer, just a lowly paralegal. But I did stay at a Holiday Inn one night. :-)

[Amber Lamps]

In insurance legalese, she's known as a "permissive user" since she had his permission to drive the car. He needs to get the policy out of the drawer and read it, especially the definition of an insured driver and the exclusions. If the insurance company contends there is no coverage, he deserves an explanation, including a cite to the specific policy language, in writing. Also, if she is a covered driver under her mom's policy, or has her own policy, then her or her mom's insurer should provide coverage for the incident.


Disclaimer -- I'm not a lawyer, just a lowly paralegal. But I did stay at a Holiday Inn one night. :-)

Yes but was it an "Holiday Inn Express"? It makes a big difference!

[Mr Lefty]

AFAIK... they can... but have the girl check with her insurance... I know with my policy... I'm covered for any vehicle I drive. (so I don't have to get extra coverge for rental vehicles...ect.)

[Particle Man]

I'm just guessing, but I don't think the deer's car was damaged...

JC:lol:

Mr. Hand got right.

It depends on if she lives with him.

You can loan your vehicle to another licensed driver and they will be covered on your insurance if they don't have thier own.

Because it is most likely that you'd loan your vehicle to someone at home, other licensed drivers in the house are supposed to be listed with the insurance provider so that they may be added to the policy if necessary.

In insurance legalese, she's known as a "permissive user" since she had his permission to drive the car. He needs to get the policy out of the drawer and read it, especially the definition of an insured driver and the exclusions. If the insurance company contends there is no coverage, he deserves an explanation, including a cite to the specific policy language, in writing. Also, if she is a covered driver under her mom's policy, or has her own policy, then her or her mom's insurer should provide coverage for the incident.


Disclaimer -- I'm not a lawyer, just a lowly paralegal. But I did stay at a Holiday Inn one night. :-)

Need more details.

It really depends on the terms of the policy - some cheaper policies don't include coverage for other licensed drivers unless they're specifically listed on the policy.

Policies like that are cheaper because they basically are reducing their liability of having to pay for an accident caused by another licensed driver. A lot depends on the state though (I'm not as familliar with those states' insurance laws). Some states don't allow the exclusion of permissive users (and it's the state where the person resides, not the state where the accident happens that determines this).

They do have to provide citation of the specific language in the policy leading to the failure to cover the damages caused by the accident.

[Papa_Complex]

If the daughter was explicitly excluded, which I've seen done in order to radically reduce policy costs, then he's definitely screwed. Yup, that's some downright shitty run of luck he's had.

[shmike]

Shitty luck (6) or sheer stupidity (.5 dozen)?

[Rsv1000R]

He should have know the girl was excluded, and wasn't very bright to let her drive his car. My son's excluded from my policy, he ain't driving anything.....

[wildchild]

many times (not necesarily here) what happens is junior turns 16-17 and gets a license but no car. mom and dad "forget" to tell the insurance company they have gotten a license because they don't want to pay extra premium. that child is uninsured and not covered on any vehicle they drive.

my son costs me $1000 / yr just to ensure if he drives something it's covered. HE is added to my policy and can drive any of my vehicles as well as anyone elses under my insurance.


Guess that was what was done here. I would be willing to bet if he looks at his policy it explicitly states that the girl is not covered. (probably says minor female under 21 is not insured or something close to that) My policy had that statement on it before I added my son. He was added to my policy two weeks after getting licensed and they already had him in their system. the ins co knows the girl is there, if you don't admit to it and put her on the policy they will not cover her.

[buzzcutt2]

Is she hot? :whistle:

[Papa_Complex]

Save the cheerleader, save the world.

[Amber Lamps]

Save the cheerleader, save the world.

Hahahha! Is it me or has that show seriously jumped the shark?

[Rsv1000R]

Hahahha! Is it me or has that show seriously jumped the shark?

I keep hoping it will get better, But I'm not so sure...

[Amber Lamps]

I keep hoping it will get better, But I'm not so sure...

I honestly think that the best material is way behind them and they're just finishing out their contracts while they look for other gigs... kinda like BSG was in the final episodes.:lol:

[Papa_Complex]

I keep hoping it will get better, But I'm not so sure...

It was good. Then the writers' strike hit and they (foolishly) kept going (the people responsible for that abortion of a second season publicly apologized). After that it went back to being sorta OK, but never as good as the first season.

[Corey]

Might help if the super heroes actually used their super powers to battle other people with super powers instead be mopey boring assholes. God that show sucks monster dicks. In fact, it'd be better if everyone on that show did just suck monster dicks.

[Amber Lamps]

Might help if the super heroes actually used their super powers to battle other people with super powers instead be mopey boring assholes. God that show sucks monster dicks. In fact, it'd be better if everyone on that show did just suck monster dicks.

For real, where are the epic battles? The struggle of good vs evil? It's just so boring dealing with all of these minor moral dilemmas every week. Yeesh. Plus they have got to get another villan, I am absolutely tired of Sylar or whatever his name is.