Car accident/insurance question?

[Cuda1447]

State of Florida. My g/f got into a minor accident the other day. Basically she was pulling out of a parking spot and ended up backing into a car that was in her blind spot. Not the end of the world accidents happen. My g/f has minor damage and was not planning on claiming it on her insurance cause she does not want the rates to go up. Florida is a no fault insurance state (although the rules for no fault differ from state to state, AFAIK).


The lady and my g/f switched the info and went on their ways. The old lady actually was not insured on the vehicle as it was her grandsons car. He was not present, just her.


Now the old ladys daughter called my g/f today (2 days after accident) in a very meam manor saying the she needed to call the insurance company TODAY for her claiming it on my g/fs insurance, or they were going to hire a lawyer and sue her.



First of all, this is really the first moment my g/fs had to even handle the situation. Second of all, the daughters message was REALLY bitchy, and IMO uncalled for.



Now I'm wondering if/why the old lady/family members think they can claim their car on my g/fs insurance. If they want it fixed their insurance should handle it. Second of all, isn't it illegal to be driving a car you are not insured on? Their reasoning for not claiming on their insurance is the old lady was not insured on it, just her son. Therefore she couldn't claim it on hers? Whats up with that?



Any input/experience guys?

 

[Nikamichi]

If she's not insured, she cannot win.

Chuck Norris says so.

 

[Cuda1447]

Originally posted by: Nikamichi
If she's not insured, she cannot win.

Chuck Norris says so.

Im not worried about my g/f being sued. I think my g/f should just say fvck you and never return their phone calls. A cop was never at the scene of the accident and the lady isn't on the insurance policy. However my g/f is to nice to do that.


Im more wondering about the legalities of this.

 

[Nikamichi]

What legalities? There was no police report filed and the old hag isn't even on the insurance. If your GF is too nice of a chick to tell them to screw off, do it for her.

 

[Evadman]

Originally posted by: Cuda1447
Im more wondering about the legalities of this.

And you posted the question on a computer forum? May I suggest a legal forum for such inquires. Most of what the memebrs say will be assumptions and such, which probably won't help much, except tell you what we all think, and not know.

 

[mugs]

I don't know much about the whole no-fault thing, but a quick google search indicated that it might only apply to injuries in an accident. So the damages could be your girlfriend's responsibility (or more accurately, her insurance company). And the insurance would probably cover the grandmother even though her name wasn't listed on the policy. Otherwise no one would ever be able to borrow someone else's car.

 

[SeaMonki]

Just ignored them, they are bluffing without insurance and no police report.

 

[clickynext]

So in Florida, is it the car that's insured on the policy or the person?

 

[1sikbITCH]

I work for a personal injury law firm. I have called many times to the other person's insurance company and filed the claim when the person who caused the accident would not.

There is nothing stopping the old lady from doing that if she has your gf's insurance info.

However, if the old lady is not claiming any injuries, there aren't any damages for a lawyer to go after. Therefore it will just be between the two insurance companies. Your gf's insurance company will pay to fix the other vehicle and that's the end of it.

If this lady's daughter steps over the line with her threatening and harassing phonecalls, that's a matter for the police, not lawyers.

Edit- not sure about other states, but in Maryland the only driver normally not covered in a vehicle is an Excluded Driver, which means they are listed specifically on the policy as being not covered. Everyone else is covered. Boyfriends, family, even neighbors have always been covered in the claims I have worked over the years.

 

[Cuda1447]

So the old lady can claim on my g/fs insurance causing my g/fs insurance to go up, insted of claiming it on her own (her sons)? The whole point was my g/f did not want to make a claim for minor damage. And I was under the impression that if she didnt get her car fixed a claim would not be made on HER insurance (thus no fault?)

 

[1sikbITCH]

If your girlfriend's insurance company decides to accept liability (meaning your girlfriend admits she caused the accident) than they are responsible for the damage. She can't just close her eyes and hope it goes away.

My understanding (and I could very well be mistaken) is that No Fault insurance means that regardless of who is at fault, your insurance company will pay to have your car fixed. They will still go after whoever IS at fault to recoup their losses. That's called "subrogation" and that's how you get your deductible back if it wasn't your fault.

If your girlfriend doesn't want to report it, she should tell them to go get an estimate and then pay it out of her pocket.

Edit - let me add that the reason the other party does not want to use their insurance company to fix their vehicle is probably because they have a deductable that they pay out of their pocket immediately (usually around $250.00). If your insurance company accepts liability they will pay the bill in full (no deductable).

 

[freebee]

YGPM with the correct answer. Please research what no-fault insurance actually means. And drive carefully next time.

 

[CycloWizard]

Originally posted by: 1sikbITCH
If your girlfriend doesn't want to report it, she should tell them to go get an estimate and then pay it out of her pocket.

I think this is the answer you're looking for. Your gf's insurance is obliged to pay to repair the other woman's car unless your gf shells out the cash herself. This is because your gf was at fault.

 

[KK]

yeah, your old lady will have to pay one way or another. If she is concerned about the insurance rates, you better not treat the bitch too bad and ask the bitch to get an estimate and pay for the damages out of pocket.

 

[Kelvrick]

Originally posted by: 1sikbITCH
I work for a personal injury law firm. I have called many times to the other person's insurance company and filed the claim when the person who caused the accident would not.

There is nothing stopping the old lady from doing that if she has your gf's insurance info.

However, if the old lady is not claiming any injuries, there aren't any damages for a lawyer to go after. Therefore it will just be between the two insurance companies. Your gf's insurance company will pay to fix the other vehicle and that's the end of it.

If this lady's daughter steps over the line with her threatening and harassing phonecalls, that's a matter for the police, not lawyers.

Edit- not sure about other states, but in Maryland the only driver normally not covered in a vehicle is an Excluded Driver, which means they are listed specifically on the policy as being not covered. Everyone else is covered. Boyfriends, family, even neighbors have always been covered in the claims I have worked over the years.

Yep. Usually anyone who lives with you has to be on the policy or they can't drive the car. In that case, you can stick it to the b1tch daughter (this is in Cali, where I have legal experience but still maintain that you should not consider what I say legal advice and should consult a lawyer).

 

[allisolm]

Originally posted by: Cuda1447
So the old lady can claim on my g/fs insurance causing my g/fs insurance to go up, insted of claiming it on her own (her sons)? The whole point was my g/f did not want to make a claim for minor damage. And I was under the impression that if she didnt get her car fixed a claim would not be made on HER insurance (thus no fault?)

Listen to freebee. Florida is NOT a no-fault state except for medical. If you hit a car and cause damage, you (or your insurance company) are responsible for it.

So yes, the woman can, and should, claim her damages on your girlfriend's insurance. Although I'm sure it will be the actual policy holder making the claim. I don't know enough about the grandmother's situation to say if she should or shouldn't be on the policy.

 

[darkamulets]

In the state of the Florida they won't even give you your registration without proof of insurance. So yes it is illegal to drive a car with no insurance under your name.

 

[SpiderWiz]

Just add my 2 cents.....if the elder lady called your girl friends insurance company. Your girlfriend's insurance agent should have called to get your girl friends version of the story. Easy thing to do, have your girl friend call her agent report the accident. She is paying the insurance company to handle this type of harassment.

 

[mugs]

Originally posted by: Cuda1447
So the old lady can claim on my g/fs insurance causing my g/fs insurance to go up, insted of claiming it on her own (her sons)? The whole point was my g/f did not want to make a claim for minor damage. And I was under the impression that if she didnt get her car fixed a claim would not be made on HER insurance (thus no fault?)

Something tells me that if your car is ever totaled and it's the other driver's fault, you'd be singing a different tune. Sure your girlfriend doesn't want a claim made against her insurance. Doesn't change the fact that she was clearly at fault in the accident. You think the grandson wants a claim on his insurance any more than your girlfriend does?

 

[jadinolf]

Originally posted by: freebee
YGPM with the correct answer. Please research what no-fault insurance actually means. And drive carefully next time.

:thumbsup:

 

[Cuda1447]

Originally posted by: mugs

Originally posted by: Cuda1447
So the old lady can claim on my g/fs insurance causing my g/fs insurance to go up, insted of claiming it on her own (her sons)? The whole point was my g/f did not want to make a claim for minor damage. And I was under the impression that if she didnt get her car fixed a claim would not be made on HER insurance (thus no fault?)

Something tells me that if your car is ever totaled and it's the other driver's fault, you'd be singing a different tune. Sure your girlfriend doesn't want a claim made against her insurance. Doesn't change the fact that she was clearly at fault in the accident. You think the grandson wants a claim on his insurance any more than your girlfriend does?

Well Ive been in accidents before under no fault insurance laws, and it was MY insurance that paid for it when it was clearly the other drivers fault (in fact the other driver nearly went to jail for the accident). Granted, it was in Michigan where the no fault insurance is a bit different I suppose, but thats why I asked the question.

 

[Rage187]

No police report? deny deny deny.

 

[jemcam]

First off, the vehicle is insured and if the grandma was a permissive user, then she is covered under their insurance. This is irrelevant.

Secondly, Florida's no-fault law applies to injuries only, not property damage.

If your girlfriend backed into her, it doesn't matter if she was in her blindspot or not. She's responsible for checking the blindspot, hence she's liable. Her insurance company will investigate it.

I'd advise you to report this to the insurance company, let them investigate it and get them off your back. Otherwise, she's going to start getting letters from the other parties' insurance company that will be scary sounding.

 

[jemcam]

Originally posted by: KK
yeah, your old lady will have to pay one way or another. If she is concerned about the insurance rates, you better not treat the bitch too bad and ask the bitch to get an estimate and pay for the damages out of pocket.

No she won't. As long as she has liability insurance, that's what she pays insurance for. Deductibles only apply to comprehensive and collision coverages.

 

[Mark R]

First thing - you need to tell your insurance company about the accident, but state that you will not be making a claim for damage to your car. You are legally obliged to tell the insurance company of the accident - they can terminate your insurance, or refuse to cover you for another accident, if you don't tell them.

Once you've told your insurance company of the details - make sure you give the other party's car plate number and the name of the driver (if there was no driver, because it was parked, make sure you say that) - ask them for their advice as to what to tell the 3rd party. Once this is sorted, you could just tell the 3rd party to contact your insurance company - end of story.

FL requires no-fault insurance for injury, but property damage is the standard fault type - so yes, you (or your insurance company) are liable for any damage caused.

If someone had hit my car, and 2 days later I spoke to their insureres and they hadn't reported the incident - I'd be pretty pissed too.