Dammit YACAT

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Aug 23, 2000
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well she is insured on my car, so i might be able to pull something off with my insurance company(one of the few cool companies). When my bike was unsuccessfully stolen, i hadn't even made the 1st insurance payment and they still shelled out $3000 AND lowered my rates on it.
 

BigSmooth

Lifer
Aug 18, 2000
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Originally posted by: JeffreyLebowski
Originally posted by: Ime
As a firebird owner, I too would feel upset at this tragic event.

Then, when I found out that the idiots had no insurance, I'd start laughing. I carry UIM, so my insurance company would just take it out of their hide!.


Uninsured/underinsured means, YOUR insurance pays it.
They can sue the uninsured/underinsured person, but since it would be in civil court, there is no real way to make them pay up. And all one has to do to get out of any judgement against them, is to file bankruptcy. And seeing as how her credit is screwed anyways, why not if it comes down to it??
It's not going to be a lot of fun facing the legal departments of several different insurance companies that essentially have unlimited resources and want to collect on what they had to pay out.
Plus, declaring bankruptcy is really not a panacea, and it can have a lot of really negative effects down the road.

Good luck to your GF, this is going to suck.
 

Confused

Elite Member
Nov 13, 2000
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Originally posted by: JeffreyLebowski
well she is insured on my car, so i might be able to pull something off with my insurance company(one of the few cool companies). When my bike was unsuccessfully stolen, i hadn't even made the 1st insurance payment and they still shelled out $3000 AND lowered my rates on it.

If she's insured on your car...then it should be OK, of course it will help a lot if the other driver is found guilty of speeding, but it probably won't pay for the damage to your car, maybe just the other car(s)


Of course i'm no insurance expert ;)

Confused
 

jteef

Golden Member
Feb 20, 2001
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my dad told me a long time ago(he was an insurance exec) that the insurance stays with the car. It doesn't matter who's driving it. So if she was driving your car and you pay insurance on it, then it should be covered. This was 5 or so years ago in kansas, so I dont know if that changed or is different in other states. They might cancel your coverage if she was at fault, but I think they're still responsible for this accident.



jt
 

BigSmooth

Lifer
Aug 18, 2000
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Originally posted by: jteef
my dad told me a long time ago(he was an insurance exec) that the insurance stays with the car. It doesn't matter who's driving it. So if she was driving your car and you pay insurance on it, then it should be covered. This was 5 or so years ago in kansas, so I dont know if that changed or is different in other states. They might cancel your coverage if she was at fault, but I think they're still responsible for this accident.



jt
I think you're right, hopefully that's the case. That wouldn't do wonders for JL's premiums, but it's preferable to anyone having to declare bankruptcy.
 

oLLie

Diamond Member
Jan 15, 2001
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Originally posted by: boyRacer
Originally posted by: JeffreyLebowski
OK, in my apt complex, people park on the street blocking any view you have of oncomming traffic. You have no choice but to inch out and try to peak around the people that park on the corner and sometimes blocking part of the drive way.

She, my GF, had the nose of the 240 sticking out about half a foot so she could see around the truck that was parked on the corner. she proceeded to go and that's when the speeding Alero came by and got hit in the rear quarter. Estimates of the Alero's speed in a 35MPH zone put it at 65+. Since it is a GM after 98 it has a black box recorder in it, so i will have those records pulled to show that she was in fact speeding in a residential neighborhood that has a park on one side, and school on the other.

It's plain to see that the Alero driver lost control. BTW the rain hadn't started till after the accident.

This is sorta like my accident... technically the speeding Alero has the right away... so chances are your GF will get the blame just like i did... despite the other driver being careless... don't you hate that?... :|

This is what I predict the outcome will be.
 

jemcam

Diamond Member
Jan 3, 2001
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The insurance is for the car, not the driver. If you put a claim in for your girlfriend driving her car (illegally, without insurance) at best, you'll get laughed at by your company. They could even cancel your insurance knowing they have that kind of exposure.

She, on the other hand will end up with hefty fines, and will most likely lose her license. I know insurance is expensive, but damn, if you can't afford the insurance, get a cheaper car. Expect to hear a lot from the insurance company subrogation people, LOL! It's irresponsible and stupid to drive without insurance. She's probably going to end up civil court, declaring bankruptcy isn't going to make things go away. Bankruptcies have far reaching consequences.

Why is it that so many people try to figure out a way to dodge their responsibilities instead of owning up to them? It was irresponsible to drive without insurance, and even more irresponsible to say she should just declare bankruptcy and make it go away. People like your girlfriend make me sick to my stomach. I'll bet if someone had hit her without insurance, you're the type that inflates medical claims and fakes disability to suck off the system like you've won the lottery or something. People who drive without insurance like your girlfriend make the rest of us responsible people pay, and it pisses me off!

And as far as you getting the records on that black box, good luck! You're an idiot if you believe you can do that. But even if you did, it's not going to prove anything, your irresponsible girlfriend still stuck her nose in traffic. Liability is pretty clear here, and it's not going to look any better in civil court when it's discovered that she has no insurance.
 

Tominator

Diamond Member
Oct 9, 1999
9,559
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Interesting situation.

In the US the car is insured by the owner. If a person not excluded by name or age and with permission to drive it gets into an accident, the owner's insurance company is liable.

In this case if the car that the GF hit was indeed speeding and can be proven, then that car might be liable.

If any of the cars involved were parked illegally, or any illegal parked car for that matter, could be liable as well.

It seems lawyers are good for something and this might be one of the few cases where...

Gald no one was hurt and Jeff, don't give up hope! Although she might have caused the collision, other factors are involved. Contact your insurance and have them take charge.
 

boyRacer

Lifer
Oct 1, 2001
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Originally posted by: Tominator
Interesting situation.

In the US the car is insured by the owner. If a person not excluded by name or age and with permission to drive it gets into an accident, the owner's insurance company is liable.

In this case if the car that the GF hit was indeed speeding and can be proven, then that car might be liable.

If any of the cars involved were parked illegally, or any illegal parked car for that matter, could be liable as well.

It seems lawyers are good for something and this might be one of the few cases where...

Gald no one was hurt and Jeff, don't give up hope! Although she might have caused the collision, other factors are involved. Contact your insurance and have them take charge.

My insurance just called me an hour ago... telling me my accident was my fault... it was in another thread somewhere... but anyway... they always go by the book and whoever has the right of way despite obvious outside circumstances and patterns of lies from the other party... :( ...either that or AAA sucks up the ASS.
 

Pepsi90919

Lifer
Oct 9, 1999
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here's what i'm confused about:

your GF inches out, sees that there is a car coming, and pulls out anyway? wtf? i hate people who do that. you have to at least judge their speed first before you pull out like that.
 

boyRacer

Lifer
Oct 1, 2001
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Originally posted by: Pepsi90919
here's what i'm confused about:

your GF inches out, sees that there is a car coming, and pulls out anyway? wtf? i hate people who do that. you have to at least judge their speed first before you pull out like that.

I honestly don't think she saw the Alero coming because of cars blocking...
 

CraigRT

Lifer
Jun 16, 2000
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Originally posted by: JeffreyLebowski
Originally posted by: Confused
Originally posted by: JeffreyLebowski
well all you saying she's stupid for not having insurance, some people believe it or not can't afford it. She makes about 30K a year, after rent, food, daycare it's all gone.

If she doesn't have insurance, then surely she shouldn't be driving?

Not sure if it's the same over there, but over here in the UK it's illegal (i think...or so i've been told) to drive a car without insurance.


Confused

It's illigal here to, but in my part of town there are no buses, no public transportation, and if she wants to feed her child she has to go to work, which means drive there.

hey man there's no need to explain the story. whats illegal is illegal, you cant use that argument against the judge. (that's my point)
not saying it's easy, but you SHOULD have done something like arrange to drive her to and fro. I wouldn't even LET her drive a car if it was me.
 

WinkOsmosis

Banned
Sep 18, 2002
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Originally posted by: Spooner
this story truly makes no sense

It really doesn't. I thought the 240sx wasn't involved at first, then he said the bumper was damaged, so I thought it was hit while parked, then I read that his girlfriend did it.
 

jemcam

Diamond Member
Jan 3, 2001
3,676
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Originally posted by: Tominator
Interesting situation.

In the US the car is insured by the owner. If a person not excluded by name or age and with permission to drive it gets into an accident, the owner's insurance company is liable.

In this case if the car that the GF hit was indeed speeding and can be proven, then that car might be liable.

If any of the cars involved were parked illegally, or any illegal parked car for that matter, could be liable as well.

It seems lawyers are good for something and this might be one of the few cases where...

Gald no one was hurt and Jeff, don't give up hope! Although she might have caused the collision, other factors are involved. Contact your insurance and have them take charge.


You're referring to comparative liability, but there must be some kind of proof that the other driver was speeding. If the cars were parked illegally, while it may be a factor, that doesn't excuse her pulling out into traffic, kind of like driving 75 mph in the fog, and then blaming the fog when you rear end somebody.

She has no insurance to contact!

Edit: btw, is this car paid for? If there is a lienholder and they get word of this, and they likely will, they'll put super high premium insurance on the car that will automatically be added to the monthly payment. Read the financing agreement, she has to have comp & collision on the car as long as they're holding the title. If she's that broke and she starts missing payments, they'll repo that baby pretty fast.
 

Tominator

Diamond Member
Oct 9, 1999
9,559
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If I let someone drive my car, it is MY insurance that is liable.

If the Cop was a lazy ass, and most are unless there is serious injury, he did not do a through investigation. If a ticket was written to the supposed speeder, then case closed.

This is a job for the civil courts. Expensive civil courts!

I'd be sueing those illegally parked to start....
 

jemcam

Diamond Member
Jan 3, 2001
3,676
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Originally posted by: Tominator
If I let someone drive my car, it is MY insurance that is liable.

If the Cop was a lazy ass, and most are unless there is serious injury, he did not do a through investigation. If a ticket was written to the supposed speeder, then case closed.

This is a job for the civil courts. Expensive civil courts!

I'd be sueing those illegally parked to start....


Okay, I thought she was driving her car, which was uninsured. If she was driving his car, that is insured, then she's covered. Which one is it?
 

amdskip

Lifer
Jan 6, 2001
22,530
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Originally posted by: jemcam
Originally posted by: Tominator If I let someone drive my car, it is MY insurance that is liable. If the Cop was a lazy ass, and most are unless there is serious injury, he did not do a through investigation. If a ticket was written to the supposed speeder, then case closed. This is a job for the civil courts. Expensive civil courts! I'd be sueing those illegally parked to start....
Okay, I thought she was driving her car, which was uninsured. If she was driving his car, that is insured, then she's covered. Which one is it?
She was driving his car which I believe he had insured. She has no insurance but should be covered under his pulling some strings.

 

jemcam

Diamond Member
Jan 3, 2001
3,676
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Yes, as long as she was a permissive user, which she obviously is, she's covered on his insurance. I guess about 90% of this thread would have been avoided if the original explanation would have clearer.