My daughter was rear ended. The other driver was high, arrested at the scene for drugs (with her 2 kids in the car). She said it was her mother's car. Does she get off the hook? How do we pursue this? My daughter's car was badly damaged and she was hurt, however, we have limited tort and probably can 't sue because my daughter was not incapacitated.
2007-11-05 04:29:57 · 6 answers · asked by jicour 3 in Cars & Transportation ➔ Insurance & Registration
No, she doesn't "Get off the hook" in this case. Keep in mind insurance goes with vehicles, not with drivers, and if she was driving her mother's car with her mother's permission, she was covered under her mother's insurance.
Don't worry about it, she is at fault since she hit you from the rear, just get a copy of the police report and make sure your insurance carrier has it, and let them get you made whole.
If it happens the mother didn't have insurance, you will still be covered under the "uninsured motorist" clause of your policy.
2007-11-05 05:32:10 · answer #1 · answered by oklatom 7 · 1⤊ 0⤋
Depends on what you mean by "off the hook". Theoretically, she should have her kids placed in a foster home, and have drug charges. Her mother's policy might still pay, but it might not.
Even with limited tort, you can sue for the damages to the vehicle if there is no insurance that covers it. You'd want to sue the driver AND the owner of the vehicle; you likely own't get anything from the driver, but the owner might have assets.
2007-11-05 04:58:41 · answer #2 · answered by Anonymous 7 · 1⤊ 0⤋
How do you know the car wasn't insured? I was hit by a drunk driver years ago, he was driving his sister's car and told the cops there was no insurance. I went to the junkyard where his car was towed, went through the glove compartment and found the insurance card. His sister's car, mom insured it. I sued the insurance company and won. Definitely find out if the car is insured, sue the insurance company and then the girl.
2007-11-05 04:35:57 · answer #3 · answered by ? 6 · 0⤊ 0⤋
The vehicle is insured, not the driver. The driver gets whatever criminal charges are involved, civil responsibility for damages goes against the owner of the vehicle. If you are insured, this is part of what you pay them for, to help you. Ask them.
2007-11-05 04:36:10 · answer #4 · answered by curtisports2 7 · 1⤊ 0⤋
Have your insurance carrier deal with it. They should be able to go after the other driver's company for the damage done to your car.
2007-11-05 04:34:32 · answer #5 · answered by Otto 7 · 2⤊ 0⤋
I think your insurance company has to pay for the damage, and then they will go after the driver. That's how it works in Canada I am not sure wheter its the same in the US
2007-11-05 04:40:44 · answer #6 · answered by nudle_2 3 · 1⤊ 0⤋