Car insurance question: my brother took my car and totaled it. If I tell my insurance will I still be the one who's bill is raised?
The short of it is my younger brother took my car without permission on a rainy night in late fall (4 days ago) and flipped my car. Totaled it. He broke ribs and a vertebrae. Very lucky to be alive.
But I am put in a terrible predicament. I am financially, already, in a very tough spot. Unsure of how to handle insurance and expenses.
I was not at fault. But also, I legitimately cannot afford to pay expenses or a raise in insurance. Nor the points on my driving record. My car is still in impound. I cannot afford to get it out. There were power lines involved.
My brother was recently added to my father's insurance. He is 21. He was driving his new car with a donut and crashed and then came to my mother's and took my car. Then he flipped and totaled my car after because of rain, potholes and leaves. But I don't want to incriminate my brother. He is hurt and I hope he learned his lesson.
*If I call the insurance agency will they find since it was my vehicle, I am stuck with expenses and financial aftermath?
*Would it be considered insurance fraud if I didn't report this to my insurance agency?
**Could they instead go after my father's insurance (because my brother was recently added to his policy and he was the driver)?
*Should I expect an accident report? Do I need to fill out supposed report or my bro?
*Would my insurance still pay me for my car's worth? [Before accident worth, like kbb? Or Post accident worth, if so?] And property damages like power lines?
- Obi Wan KnievelLv 76 months agoFavorite Answer
There's no way your insurance company is not going to find out about this. There's also no way your insurance company will let you get away with giving them false information about how the accident happened. They've seen your scenario a million times before, and they've got ways of finding out the truth.
Nobody cares about your father's insurance policy, because his vehicle was not involved. You own the car that crashed, so you and your policy are responsible. That's the law in every state, territory, province and everywhere else in the civilized world. And you will need your policy for this. If you can't afford an insurance increase, that means you totally can't afford to pay for all the damage yourself. And when the repair bill from the power company arrives (your car, your responsibility), you'll really need your policy. Not informing your insurance company isn't really an option for you.
The only question is what you tell them about your brother, because that will maybe affect your accident-free rating. You mentioned that he took your vehicle without asking, which everyone (the law, the insurance company, and any judge) calls theft in the adult world. There is no middle grey area, he either had or did not have your permission to drive that vehicle.
If you say he had your consent, this will go down as an at-fault collision on your insurance record. Doesn't matter that you weren't driving, because accidents are the owner's responsibility. But...
If you say your brother did not have consent to drive, your insurance company may treat this as a theft claim. But because there is always a catch, there's a catch. The catch is they'll need to see proof that your brother was charged with stealing your car before they'll treat it as a theft claim.
If you're looking for a middle area or some hidden back door or loop hole, stop looking. They don't exist. The legal definitions are written in stone, and insurance companies don't make exceptions based on compassion. They don't have compassion.
- zipperLv 66 months ago
Sure will you let him drive it so your now a high risk factor.
- STEPHENLv 76 months ago
Your insurance company has no contact other than you so it's YOUR bill that will be raised.
- 6 months ago
The bottom line of this tale is that your bother (sorry; Brother) has to take responsibility for his actions. Either you cover the episode up by paying for everything yourself and lying to your insurance company, (which WILL come back to you sooner or later), or you drop him in it up to his neck. Simple!.
- How do you think about the answers? You can sign in to vote the answer.
- JetDocLv 76 months ago
If the car was TOTALED, your bill won't be raised because you no longer NEED insurance. The insurance company will pay off your loan and then CANCEL your account. You no longer have a car.
- PercyqtedLv 76 months ago
Your father's insurance will cover your bro's car if he was driving at the time he crashed that one.
You are liable for the damage to your car.
Either your insurance will pay if you report it stolen or you pay if you don't report it to your insurance.
You brother needs reporting if for no other reason than he's a danger to himself and other road users.
- MayLv 56 months ago
Your long, mixed up, difficult to understand question(s) apparently seeking advice can best be answered by your insurance company. If it was your car that crashed then you are liable.
You say you are unsure how to handle insurance. Are you kidding? You must either turn this into your insurance or pay for EVERYTHING out of pocket.
- Anonymous6 months ago
I guarantee that the wording in your policy REQUIRES you to report the accident to them. If you fail to do that, when they find out about the accident (and they eventually will) then they will drop you like a hot rock and you'll have difficulty buying car insurance from anyone at at any price. Only a dumbass wouldn't report it to their insurance company even though your rates are inevitably going to go way up.
The law in EVERY state requires that an accident report be filed with the police if an injury is involved and / or if the damage exceeds $1000 to vehicles and property. If you fail to report, the DMV will levy a hefty fine against you when they find out, which they will eventually, so you also need to file a report with the DMV. The police and your insurance company won't do that for you.
Next, you cannot get points on your license because you weren't the one driving. Only an idiot would think that, so we've now established that you're a dumbass and an idiot.
Third, your brother did not flip and total your car because of rain, potholes and leaves, he did so because he was driving too fast for conditions. As the owner of the vehicle, you are liable for the damage anyone driving your car does to someone else's property. You are on the hook for the damage to the power lines if your insurance company won't pay. If they determine that your brother was driving recklessly, they may very well refuse payment.
If the insurance company determines that your brother was not an insurable driver, either because of his age or his past driving record, they will also deny a claim and will pay nothing. If you both live in the same household and you didn't tell your insurance company about every licensed driver you live with, they can deny a claim on the basis of fraud, either by lying or by omission of relevant facts. If they do make a payout, exactly what they pay will depend on the type of coverage you have. Since you apparently don't know that, we've now established that you're also a fool.
EPIC FAIL, I have no pity for either of you. Please do not breed, ever, the both of you. The human gene pool has already suffered enough without you two adding to its decline..
- ScottLv 66 months ago
If you make a claim on your policy, your insurance may go up. It doesn't matter who was driving.
- .Lv 76 months ago
tell what happened to cops and ins co