Sister's boyfriend drove his boat up an embankment. She got hurt. can she make a claim against his insur. co.

Question

She's the only one who got hurt. Broken ankle and will be off work for at least 6 weeks.

1. Can she make a claim against his insurance co for lost wages, medical, etc.?

2. She has medial insurance, can she get any kind of medical reimbursement or not use her insurance at all.?

3. She is mostly worried about the lost wages, not trying to take her boyfriend to the cleaners or make out on insurance. He was driving, but she took the rap and said she was driving (he was drinking she wasn't). will that make a difference since she now was "supposedly" driving the boat? There was a police report.

4. Who calls his insurance company, does she get the information and make a claim or should he call and report it.

Any other information would be appreciated.

Answer 1

1. His boat, she needs to file under his.
2. Since she said she was driving, it will go on her record.
3. If his insurance has medical, it will cover it, if not go under her private medical
4. he should call since it is his insurance. but she can call as well.

Answer 2

Sounds pretty clear cut on the surface (no pun intended).

1) She needs to make a claim to his insurance company as she was a passenger in his boat at the time and he was operating it. But.. she lied on the police report. How does the insurance company know she is not lying now? Shee will have to overcome that problem to get the claim accepted.

2) If the claim is accepted they will cover her medical bills. If she uses her health plan the insurance will reimburse her health plan. She doesn't get any money out of that part of the deal.

3) If the claim is accepted they will deal with her for the other elements such as pain and suffering, lost wages and incidental. If she does not agree with that offer then she will have to sue her boyfriend. The insurance comany will have to defend him and the issue of the false police report will again be brought in to court.

4) Other potential problems
a) Boyfriend will be charged with accident by police he may also be charged with filing a false police report
b) She will be charged with knowingly filing a false police report - a felony in some states
c) BF's insurance company will drop him like a hot rock because of the drinking issues compounded by the perjury (he must have signed that report too - right?)
d) BF's future insurance may be significantly impacted

She may have scr*wed them both with that report.

good luck either way...

Answer 3

Her primary claim is against the boyfriend. It's up to him to file with the insurance company for any reimbursement. He needs to contact the insurance company and make a full report of the accident and the injury. If his policy covers her injuries they'll take it from there.

If she files a claim with her health insurance they will want the details on 3rd party liability -- the boyfriend and possibly any known or suspect insurance coverage that may be liable. They will seek reimbursement from them.

If she is caught out in the fraudulent claim that she was at the controls it's likely that all insurance will be void and nothing will be paid at all. It's also very possible that she and the boyfriend could be prosecuted for insurance fraud as well as filing a false police report.

I would highly recommend that she get an attorney IMMEDIATELY and let him know the exact truth. The more she lies, the deeper in the crap she is likely to get.

Answer 4

By telling the police she was driving, she has probably lost any chance of collecting a penny from her boyfriends insurance. Unless there are wittnesses to support a change in the official story, she is now screwed completely. You can not copllect damages due to your own negligence. If the accident records say she was operating the boat, then she's the at fault party, not her boyfriend. This is a tough lesson to learn.

Of course, the greater question is: WHY THE H#LL WOULD SHE TAKE THE RAP????? Geez! And what has her boyfriend now learned what from all of this? Nothing.. he'll be out drinking and driving/boating tomorrow. She is being used big time. She loses her ability to be fairly compensated for her losses... she probably gets a nice little ticket from the Police or Coast Guard (on HER record), he keeps his boat insurance premiums low, he keeps his boating license, he has no mark on his insurance or boating record. He wins, she loses. Plain and simple. She needs to dump this loser fast!!!

Answer 5

I assume that when she said "She was Driving", that this was made to a Police Officer or some kind of official? Then, the insurance company on the boat, may or may not consider the accident something covered under the policy. Pretty sticky situation.....I would go with my medical insurance and hope the boyfriend realizes he needs to cough up a little, because his girlfriend saved his butt.

Answer 6

Yes. She can call his insurance company. He will get higher premiums. If he was drinking, then I'm not sure if the insurance company will try to sue him or not. Most insurance companies won't want to pay, so they try to find ways to get out of it. Since he was drinking, then it is a very serious offense, especially when you get someone hurt in the process. Sometimes when people dig into the facts, they find the truth. I know your sister said she was driving, but be prepared.

Answer 7

She shouldn't have said that she was driving because the insurance company would usually need to look at the police report. And being that it stated that it was her who was driving, then the fault will be hers and the insurance company wouldnt issue the reimbursement.

Answer 8

She had better come clean on #3. The way I understand auto insurance, at least, is that insurance companies insure drivers, not specific vehicles. Therefore, whomever was driving is responsible and their insurance company would be responsible. So unless they are both willing to fess up as to who was driving the boat, I wouldn't go there.

If you do decide to fess up, come clean with the police, and then have him contact the insurance company. Of course, he may face a DUI.

Answer 9

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Answer 10

It's worth a try
did boyfriend ever
bring up this subject
and offer info???
He may become
an X boyfriend, but sounds
like she should look into
it, since she will be missing so
much work.
If he doesn't understand
than he is not worth working
on a relationship with, and she
should count herself lucky
to have found out now what
a loser he is. If he gives info
without question she should
thank her lucky stars and keep him!!