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Old 01-25-2008, 09:14 AM
 
28,115 posts, read 63,720,668 times
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Two of my work colleagues took their kids, ages 2 through 5, for an overnight snow trip last week... both husbands did not go.

The kids had a great time playing in the snow.

A major storm was on the forecast and as they were getting ready to head back to the Bay Area, one of the Mom's uses the other Mom's car to make a Starbucks Coffee run a couple of blocks away. She missed a Stop Sign, partially covered in snow, and was broadsided by an empty transit bus.

Thankfully... no one was injured and the kids were not in the minivan.

The Transit Bus suffered NO damage and the Honda was totaled. Police were called and declined to come-out because they were extremely busy and this was a non injury accident.

The Mom that was driving called her insurance company to let the company know she had just totaled her friends new 40K Honda in the snow. Her Insurance Company has declined all involvement stating responsibility lies with the Vehicle Owner since their insured had permission to drive the vehicle and was not cited by Law Enforcement.

Is this how Insurance works in California? The Insurance Company for the Mom that owns the Honda seems to agree, which surprised me.

Years ago, a similar situation happened to a family member and she as the driver was held responsible. Back in the Dark Ages when I took Driver Ed, the instructor repeatedly emphasized responsibility always lies with Driver first and the Vehicle Owner second.

Both Mom's have been friends for years and the kids are also playmates. This incident has created some tension at work and between the families because both Husbands wanted the trip rescheduled for a time when they could go and when the forecast was for better weather.

Last edited by Ultrarunner; 01-25-2008 at 09:26 AM..
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Old 01-25-2008, 10:14 AM
 
Location: South Austin (Circle C)
260 posts, read 1,332,066 times
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I had this happen to me not to long ago and the explanation I got from my insurance company (USAA) was that the insurance follows the car, not the driver, so my insurance paid for my totaled car and I wasn't penalized.
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Old 01-25-2008, 03:01 PM
 
310 posts, read 1,197,465 times
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I'm not sure, we have no fault insurance here in MN. If you smack into someone here that has no insurance they still get covered by your insurance. If both driver and vehicle were insured more than likely the insurance company's will have to battle it but most states require names of the people that will be driving the vehicle. I think the owner is out, but I'm not positive. Ew
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Old 01-25-2008, 04:03 PM
 
Location: Seattle, WA
1,368 posts, read 6,507,430 times
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Quote:
Originally Posted by earthwar View Post
I'm not sure, we have no fault insurance here in MN. If you smack into someone here that has no insurance they still get covered by your insurance. If both driver and vehicle were insured more than likely the insurance company's will have to battle it but most states require names of the people that will be driving the vehicle. I think the owner is out, but I'm not positive. Ew
If I am currently paying insurance for my vehicle, my company will insure me on any car I drive. If someone else drives my vehicle, my insurance company will want to make sure they have insurance, and if they were insured through the same company, would not be a problem.

I'm sorry its creating tension.

When a company agrees to insure you, they agree to insure both the car and the driver. My company makes it really easy to insure new or different cars (I call them, and give the vin, tell them what I want, and we're all done). Adding someone else to the insurance, takes a lot more effort.

I believe it is the responsibility of the driver's insurance to take care of it.
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Old 01-25-2008, 04:27 PM
 
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Every state is different. In fact I don't think you need insurance in Wisconsin but must have financial ability to pay for damages. I could be wrong, maybe somebody else knows? EW
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Old 01-25-2008, 04:38 PM
 
Location: Seattle, WA
1,368 posts, read 6,507,430 times
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Quote:
Originally Posted by earthwar View Post
Every state is different. In fact I don't think you need insurance in Wisconsin but must have financial ability to pay for damages. I could be wrong, maybe somebody else knows? EW
A few states have a waiver of sorts, if you can prove that you have like $50 or $100k in sitting around somewhere.
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Old 01-25-2008, 04:45 PM
 
Location: Jacksonville NC
10 posts, read 69,140 times
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It sounds correct, In NC the Insurance follows the vehicle. The driver's insurance Co would not be responsible
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Old 01-25-2008, 11:47 PM
 
1,297 posts, read 5,512,268 times
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This is a good question.

Another factor is the insurance contract itself. Some Companies can and do exclude any driver that is not named on the policy.

Other things to look for is if the company will replace with original parts from the manufacturer, will cover uninsured and underinsured motorist-check if there are any exclusions to that coverage.

Basically, read your contract.
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Old 01-26-2008, 12:11 AM
 
14,725 posts, read 33,394,059 times
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Quote:
Originally Posted by Derek ATX View Post
I had this happen to me not to long ago
Unbelievable telepathy here. I think about this a lot. Thus, I NEVER lend my car out. Ever. I just bought a brand new car but have a predecessor GM car from 1992 that is faultless in appearance and in its mechanical condition, so it couldn't be replaced with a similar one.

I bring this up because I have a friend I've worked with whose Christian eagerness to help (I'm Catholic...LOL) has diminishing returns. She lends cars like it's nothing. Once, I went to Europe for a month and was about to leave my car on her spread of land for that period. Then I thought about it and got cold feet. She or her husband would either drive it or lend it out. And then the friendship would end if I came back to find a damaged car.

If your car is depreciated and you either are very attached to it or can't replace it with one in similar condition, please get out of the habit of lending cars or just don't do it.
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Old 01-26-2008, 01:00 AM
 
Location: Chicago
38,707 posts, read 103,265,595 times
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Quote:
Originally Posted by earthwar View Post
Every state is different. In fact I don't think you need insurance in Wisconsin but must have financial ability to pay for damages. I could be wrong, maybe somebody else knows? EW
Every state requires at least liability insurance. The ability to self-insure is still insurance. But people who have the means to self-insure rarely do because 1) it usually means putting the money in an escrow-type account that does not bear interest, and 2) the whole point of insurance is to protect your assets, and putting your own assets on the line kind of defeats the purpose of insurance.
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