At Fault Car Insurance Doesn't want to cover the Damage caused to my Vehicle by thier Insured Driver!?

Last week my Wife got hit by a Vehicle that caused basically what would be considered totalled Damage to my Vehicle! My Wife and 11 Yr. old Daughter thank God made it out with just being a little shook up after it was all said and done! Our Vehicle to me was the least import with the understanding it can be replaced unlike those i love! The other Driver was a 17 Yr. old i guess that was learning how to drive with his older sister who is the one along with her mother covered by the insurance. My wife was waiting to pull out of a Restaurant parking lot when the other the Vehicle ran into her at a high speed! My Wife and Daughter were both wearing seat belts and were not Injured during the Accident Although my wife went to the Hospital a couple nights later because of a Bad Headache and shortness of breath which they said was an Anxiety Attack. After the Accident my wife really didnt want to call the cops seeing the teenage boy may get into trouble and the last thing she wants to do seeing we have a teenage son as well. The Mom to the Boy who was driving as well the Teenage girl at the Passengers side during the accident showed up and exchanged Insurance Information and appologized repeatedly to my wife. Anyways my Wife contacted the Insurance the following day to notify them of the Accident in which they took a report and were to send someone out to take pictures etc. Our Truck isn't an Expensive one but it gets us around and also serves as my Work Truck which is my Livelihood and way to support my Family! Its Dependable and was in good shape before the Collision! Its a 94' Mazda b2300 and is listed on Kelly Blue Book as Valued at around $1000 or maybe ven a little less! Ok my wife took our Truck to a few Auto body Shops to get a Quote on Fixing it back to how it was prior to the Accident! 2 Quotes were at $4,365 in which my Wife told the Insurance! The following evening we get a Visit from the Family that was responsible and the told us that they have a friend that can fix our Door at thier expense! My wife told them that it was alot more than the door damaged because our ZFrame was pushed in and it also drives funny! We waited a few days and my wife contacted them Yesterday in which they refuse to pay for any Damages seeing that someone other than the parties covered was driving when the accident occured! This seems wrong seeing that the Daughter who was covered and had a Valid License was aside the Driver and the Vehicle which is Covered was the Vehicle responsible! Anyways im curious what can be done? Who do we contact? We just want our Vehicle Fixed and never were chasing any money or took it as a opportunity to come up so to speak! It seems unfair because prior to the accident we had a good perfect working Truck now after the accident it seems where left with a damaged barely working Vehicle and the Unsurance doesnt want to cover it! What can we do?

Update:

Come on Common Sense dont you got anything better to do on a Saturday Afternoon than respond to my Capital Letters! Get a Life!

Update 2:

Thats what you can use!

Update 3:

When the Accident occured it was the Unlicensed Driver Teenage son behind the wheel but what caused the Accident is the insured sister grabbing the Steering Wheel when she felt her brother was driving too fast... So in my eyes she was the cause of it even though the brother was behind the wheel! She had control of the wheel at the time of the collision! Im not seeking no big settlement but just for my Truck too get the repairs needed!

15 Answers

Relevance
  • ?
    Lv 7
    8 years ago
    Best Answer

    You have a lot of different answers here, and some with conflicting advice. And they may all be right.

    The problem is, you did not indicate your STATE. State laws differ greatly when it comes to insurance and auto liability. Everyone here answering is from a different state, I suspect.

    If the kid driving the car did not have permission from the owner, then it is similar to getting hit by a stolen car. Obviously, when a car is stolen, the driver did not have permission to drive the car. And the insurance carrier for that car will deny coverage, appropriately so.

    Some states have a law - agency created by statute - that says the driver of the car is an agent of the owner, and the owner is responsible for the driver's negligence. For example, in Minnesota it is MS 170.54. Other states have similar statutes, and some do not.

    Most of the time, Uninsured Motorist coverage applies only to Bodily Injury. But in some states, like Washington state, you can buy UM-PD coverage, which is uninsured motorist coverage for property damage. Since we do not know your state, we cannot advise you on this. I'm guessing you did not have the UM-PD coverage.

    I understand the value of your car was low, and so collision coverage would be unnecessary. So you do not have that option.

    Here's something to consider. You mentioned the female passenger grabbed the wheel at the time of the accident. If you can prove she negligently caused the accident, you can potentially make a claim against her. She may have coverage for her personal liability. If she lives with her parents, she would be an insured under their homeowner's policy. While homeowner's liability coverage typically excludes liability arising out of the use of a motor vehicle, the coverage may still apply because she was not a driver. If she caused the accident by grabbing the wheel, then encourage her family to submit the claim under their home owners policy. However, I am guessing she will claim she grabbed the wheel to avoid the accident, rather than cause it. That's a factual question to untangle in court.

    If the book value of your vehicle is only $1,000, that's probably the most you could expect to recover. But do not rely on book values, That is only a guideline. Try to find comparable vehicles for sale, and save documentation of selling prices.

    I agree with the poster who suggested small claims court. I would suggest you sue the driver, and the passenger (since she grabbed the wheel), and maybe the owner, if you live in a state that makes the owner liable.

    Even in cases where there has been an unauthorized driver, the owner of the car can be liable for allowing someone to have access to their car keys. And the other theory of liability includes improper supervision by the parents. So, make sure you name the parents in your lawsuit too. And the older sister was probably over age 18, so she is going to be responsible too for allowing junior to drive.

    Again, if you want specific answers for your STATE, then you must indicate the state where this occurred, as well as your home state if it is different.

    • rocio h6 years agoReport

      I got kinda your same problem , my car is valuated around 8k and the damage is more than a thousand, give some advices from attorneys , I had talked with a few of them and they suggested me small claim, you should try that option, it will be worse for her if the insurance doesn't wanna pay you.

  • Bill
    Lv 7
    8 years ago

    I understand that you do not carry collision coverage on your truck because it has a low evaluation so the recommendations of some of the others will not help. If I understand it correctly the other person's insurance is denying the claim because the driver was not listed on the policy. This might be a correct decision by the Insurance Co although some companies would provide coverage for a family member with a learners permit. Any way your best option is to file a small claims court suit naming the driver and his parents(vehicle owners) as the defendants. The filing cost is usually $75-$100 and can be added to the damages(value of your vehicle plus any other out of pocket expenses caused by the accident.) You do not need a lawyer just go to court and explain what happened, take a copy of the insurance denial,copies of the estimates you obtained,photos of the damage and any ads showing what similar vehicles are selling for. I know it is inconvenient but you will win. Good Luck

    Source(s): Claims manager
  • Anonymous
    5 years ago

    If the truck is only valued at $1000 it means you can find one for that money, so get $1000 from them and go buy one, and keep yours as a spare.Failing that and these people start to play dirt, threaten them with a letter from a lawyer.

    RE:

    At Fault Car Insurance Doesn't want to cover the Damage caused to my Vehicle by thier Insured Driver!? -

    Last week my Wife got hit by a Vehicle that caused basically what would be considered totalled Damage to my Vehicle! My Wife and 11 Yr. old Daughter thank God made it out with just being a little shook up after it was all said and done! Our Vehicle to me was the least import with the understanding it can be replaced unlike those i love! The other Driver was a 17 Yr. old i guess that was learning how to drive with his older sister who is the one along with her mother covered by the insurance. My wife was waiting to pull out of a Restaurant parking lot when the other the Vehicle ran into her at a high speed! My Wife and Daughter were both wearing seat belts and were not Injured during the Accident Although my wife went to the Hospital a couple nights later because of a Bad Headache and shortness of breath which they said was an Anxiety Attack. After the Accident my wife really didnt want to call the cops seeing the teenage boy may get into trouble and the last thing she wants to do seeing we have a teenage son as well. The Mom to the Boy who was driving as well the Teenage girl at the Passengers side during the accident showed up and exchanged Insurance Information and appologized repeatedly to my wife. Anyways my Wife contacted the Insurance the following day to notify them of the Accident in which they took a report and were to send someone out to take pictures etc. Our Truck isn't an Expensive one but it gets us around and also serves as my Work Truck which is my Livelihood and way to support my Family! Its Dependable and was in good shape before the Collision! Its a 94' Mazda b2300 and is listed on Kelly Blue Book as Valued at around $1000 or maybe ven a little less! Ok my wife took our Truck to a few Auto body Shops to get a Quote on Fixing it back to how it was prior to the Accident! 2 Quotes were at $4,365 in which my Wife told the Insurance! The following evening we get a Visit from the Family that was responsible and the told us that they have a friend that can fix our Door at thier expense! My wife told them that it was alot more than the door damaged because our ZFrame was pushed in and it also drives funny! We waited a few days and my wife contacted them Yesterday in which they refuse to pay for any Damages seeing that someone other than the parties covered was driving when the accident occured! This seems wrong seeing that the Daughter who was covered and had a Valid License was aside the Driver and the Vehicle which is Covered was the Vehicle responsible! Anyways im curious what can be done? Who do we contact? We just want our Vehicle Fixed and never were chasing any money or took it as a opportunity to come up so to speak! It seems unfair because prior to the accident we had a good perfect working Truck now after the accident it seems where left with a damaged barely working Vehicle and the Unsurance doesnt want to cover it! What can we do?

    Source(s): in the past I had to use http://locate-lawyer.info/
  • 8 years ago

    OK, not sure why you posted it twice, but you're complaining about the wrong person.

    It's not the INSURANCE company's fault that the driver wasn't insured!!

    Have you ever walked onto a new car lot, and complained that the manager didn't give you a car, just because you didn't buy it? Insurance companies work the same way. If you don't BUY coverage for your 17 year old driver, you don't HAVE coverage for your 17 year old driver.

    Just like you - if you didn't BUY collision coverage for your truck on your insurance policy, you don't HAVE collision coverage for your truck if you get hit by an uninsured driver.

    If you want someone else to pay for the damage to your truck, when it gets in an accident, you BUY COLLISION COVERAGE!!!

    Or, you can sue the kid driving, and his parents, and the legal owner of the car, for the damages they caused. That doesn't mean you'll get any money.

  • How do you think about the answers? You can sign in to vote the answer.
  • 8 years ago

    Mbrcatz is exactly right. The insurance company is not going to pay. They have explained that to you, clearly and I'm sure a letter is on the way citing the specific language of the policy that allows them to deny coverage in this case.

    Every company has their own policy when it comes to whether they cover a permissive use driver or not. Another poster stated "most" companies cover the vehicle, not the driver. That is not correct. "Most" companies cover the named insured and listed driver. Non-listed drivers are rarely insured. She stated her husband is a State Farm agent and that's why she's confused. State Farm is rare. In most states, they do cover a driver regardless is they are listed or not, but many, many other companies flat out deny coverage if the driver is not listed on the policy. Period.

    You have three options: Have it covered under the collision coverage of your policy (if you carry that coverage, which you stated you don't).

    Have it covered by your uninsured motorist coverage (if you carry that coverage you can make the claim once you receive the formal letter of denial) or finally, sue the owner and driver in small claims court.

    Source(s): Insurance agent over 23 years.
  • willy
    Lv 5
    8 years ago

    The first thing you should have done was called the police. I don't think another insurance company will cover the damages without one. And i'm fairly certain that your own insurance won't cover it either...

    I can't say weather or not the boy driver was covered, but technically he wouldn't be on their insurance, In which you should have pressed charges and had a police report filed, then possibly sued his parents for the money.

  • Livvi
    Lv 7
    8 years ago

    Contact YOUR Agent ASAP. Most insurance companies insure the vehicle, not the driver. sounds like these people are giving you the run-around. Stop talking to this family.

    ADD: Regardless if the driver was or was not on that insurance policy -- MOST REPUTABLE INSURANCE COMPANIES INSURE THE VEHICLE, NOT THE DRIVER. Yes, you are supposed to disclose any driver in the household -- BUT if an accident occurs, and an undisclosed driver causes an accident, that insurance company (once again, a REPUTABLE insurance company) will pay out the claim and then turn around and promptly cancel their policy.

    Have experienced a similar situation in our book -- the claim was paid out, the policy canceled. So I would like to ask George G -- who are these people insured with?

    Source(s): My husband is an Agent for State Farm.
  • 6 years ago

    You are not describing the accident in detail but it also seems that your wife is also liable for the accident if not 100%, if your wife was moving, coming out, she is at fault but if she was parked and not moving at all then is the other's person. I see this all the time in the claims that I handle, word versus word, both vehicles are in motion and one person always says, oh no I wasn't even moving at all. but in reference to coverage is another issue. I think you already resolved this matter since it's been 2 years.

  • 8 years ago

    You sue either the driver, the owner, or both. If the driver is a teenager with no money, then you sue the owner.

    Also, it is not a matter of whether the insurance "wants" to do anything. They do not get to make that decision. They must do whatever state law tells them to do in this situation. If the law says that they are not supposed to pay in this situation, then they are not allowed to pay, even if they want to pay. What they want or do not want is utterly and totally irrelevant and plays absolutely no role whatsoever in what they do.

  • Anonymous
    8 years ago

    Step 1, which you should already have done, is contact your insurance agent. If the other insurer refuses to pay, your insurance kicks in and you subrogate your rights to sue to them. Yes, you have to pay the deductible and this can impact your insurance rates, but this way, their lawyers duke it out.

    Step 2. If the blue book is $1000 and the repairs are $4365, all you are going to get is $1000. To prepare for the battle over the value, grab the paper and start finding for sale ads for trucks similar to yours.

    Step 3. Hug your wife and daughter every chance you get.

Still have questions? Get your answers by asking now.