I do not have uninsured motorist. The father has liability insurance but his son is excluded on the policy and was driving the truck when he rear ended me. I just want my car fixed. What would be my options?
2006-12-19 01:57:06 · 13 answers · asked by SOUTHERNDIXIE33 1 in Cars & Transportation ➔ Insurance & Registration
See if son has a policy of his own that would step in as secondary coverage. Contact them and see if son has a policy and who with.
A second, but difficult path to take, would be to find out why son is excluded. It's likely due to muliple accidents, citations, DUI(s), etc. There's something that dad doesn't want to pay high premiums for. If you find something, make a case against dad for negligent entrustment. Negligent entrustment is a cause of action in tort law that arises where one party (the entrustor) is held liable for negligence because they negligently provided another party (the entrustee) with a dangerous instrumentality, and the entrusted party caused injury to a third party with that instrumentality. The cause of action most frequently arises where one person allows another to drive their automobile.
Negligent entrustment is generally found where the entrustee had a reputation or record that showed his propensity to be dangerous through possession of such an instrumentality.
If that doesn't work and the son is a minor living in dad's house, some state's allow for a claim against the parents up to a specified amount of damages for acts of their children. In my state, that's $1500. If you get no cooperation on their part with this, file a small claims court action against father and son and let the judge decide how much you get and from who. It's informal, inexpensive and probably your best route unless you wish to turn it in to your company and let them handle the damages less your deductible and they can attempt recovery on your behalf.
2006-12-19 02:23:34 · answer #1 · answered by RYAN 2 · 0⤊ 0⤋
Call you insurance company and ask them what your options are. Secondarily, you can always call a auto accident attorney, who'll skim 1/3 off the top of any payment, but you don't have to do any work.
It's clear you are NOT at fault, so even if your insurance company pays you they can get it back from the other side. The only question is who do they go after. Depends, of course, how nice they are.
As Ryan explained, if the other guy's son was excluded from the policy, why does he have keys to the truck? That can be grounds of a lawsuit. Does the son have his own insurance policy? Even if that truck wasn't on the son's policy he was the driver and he'd still pay up.
2006-12-19 03:25:09 · answer #2 · answered by Kasey C 7 · 0⤊ 0⤋
Since you have determined that there is no insurance coverage you must attempt to collect the damages from the father if the son is a minor.
If the total is less then the small claims court totals for your state you (if you are an adult or your parents acting for you) can file a small claims suit against the other famiily as follows
1) THe father or whomever is the registered owner of the truck (sometimes it is in the husband AND wife. If so you can sue them both
2) The family (husband and wife) as the custodial parents of the minor who has damaged your truck.
Rules are different from state to state, but in general, the responsible adult in your family (you or your parents) must:
1) Make a written claim to the other parties for the damages, injury, etc...providing them with an itemized accounting. If there is a personal injury involved you may wish to forego the small claims process and discuss the matter directly with counsel.
2) Assemble all of your documents to substantiate your loss. You can claim direct costs, but your cost in time to file the suit and related issues do not count.
3) Practice your presentation and then go to court and present the issue. If you are sucessfull you will obtain a judgement and the court can instruct you on how to collect on it.
We call this 'Wapnerizing' (grin).
If nothing else it is a great experience (as long as you are not on the receiving end)
good luck.....
2006-12-19 04:15:08 · answer #3 · answered by ca_surveyor 7 · 0⤊ 0⤋
What you have is an uninsured motorist hitting you. If you have uninsured/under insured on your policy, your policy will pay for repairs and go after the other at fault person to get their money back. If you don't have that (which you stated) or collision, all you can do is send the person who hit you a demand letter for the amount it will cost you to have your car fixed, and take him into court if he refuses to pay.
2006-12-19 02:22:52 · answer #4 · answered by oklatom 7 · 0⤊ 0⤋
Sue the father for the damages. It was his vehicle.
Also, if the son is excluded from the policy he is required to carry insurance with another company. Find out who the son's car insurance is through and file a claim with them.
2006-12-19 05:37:37 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You'll need to sue the driver of the vehicle and the owner of the vehicle. They are jointly liable for your damages. Small Claims court is ideal if your damages are less than or very near the SC limit for your state.
If they don't pay up quickly, file a complaint with the DMV. The operator can have their license pulled until the damages are paid. If the owner allowed the operator to operate the vehicle, they could lose their license as well.
The owner's liability can cover you if the owner files a police report alleging unauthorized use of the vehicle -- aka, theft. That will be up to the owner to decide if he wants to do that or pay up out-of-pocket.
2006-12-19 03:35:16 · answer #6 · answered by Bostonian In MO 7 · 0⤊ 0⤋
I AM IN THE SAME SITUATION! I was hit by a girl that is exluded off her parents insurance. I have a high chiropractic bill because of the wreck, and my car is totalled. Her car just got a dent. The sucky part is that it doesnt seem like her family has much money. So I'm really in a bind JUST LIKE YOU ARE. ANY HELP would be great!!!
2006-12-19 03:03:19 · answer #7 · answered by Kahawai 1 · 0⤊ 0⤋
I have never heard of such a exclusion. The ins. normally covers all drivers with permission to drive that vehicle. If there is such an exclusion where you live the father should still be liable for damage his vehicle caused. I feel you will need a good attorney.
2006-12-19 02:13:33 · answer #8 · answered by bungee 6 · 0⤊ 1⤋
No yet I even have been rushed away in a police look after ALLEGEDLY wedging my foot up some Else's @ss who pissed me off. I had the main appropriate to proceed to be silent and something I suggested grow for use against me. I have been given off ... they have been calling me huge (Johny Cochran)Will. My protection grow to be My Foots did no longer greater healthful and that they ought to acquits.
2016-12-15 04:10:50 · answer #9 · answered by kull 4 · 0⤊ 0⤋
The father's insurance company is responsible to fix your car. It does not matter who the driver is.
2006-12-19 02:46:08 · answer #10 · answered by Anonymous · 0⤊ 0⤋