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  #1  
Old 03-19-2005, 01:17 PM
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Join Date: Mar 2005
Posts: 8

broad and unfettered domination


What is the name of your state? Virginia

Title of vehicle is in my name. My daughter Sara (age 18), is on my Geico insurance policy as an occassional driver but it is on record with Geico that she is covered under her father's policy with USAA.

I gave the keys to my car to Sara to run an errand.

Her boyfriend (age 19) got behind the wheel and refused to let Sara drive. He totalled the car. Hit & run with destruction of personal property. He damaged a fence on private property in a residential area. Perhaps moot but Sara told the boyfriend NO, he drove away with her in the passenger seat anyway.

Inasmuch as Sara is listed as an occassional driver on my policy, does that truly give her "broad and unfettered domination" to act on my behalf in granting permission to the boyfriend to use the vehicle? I think the term "broad & unfettered. .. " would take affect if Sara was authorized use of the vehicle on a regular basis with her own key. She does not own a key.

Then there is the issue of the fact that Sara did not go out of her way to stop him from driving which in turn could be construed as permission.

My question: how would you define "broad and unfettered domination" as permissive use in this case?

In other words, is Geico legally responsible to pay for the damage to the fence or is the boyfriend? Auto repair is not an issue, had liability only & kids are paying.

Nancy - the mom that is making those teens we all love so much pay her back - down to any pennies spent on cell phone overages for peak hour usage! That'll teach 'em. I hope.
  #2  
Old 03-19-2005, 03:50 PM
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Join Date: Oct 2001
Location: california
Posts: 7,789
if she is a listed driver she can also give permission for her dork boyfriend to drive the car, unless the policy has specific exclusions for non-listed drivers.

Geico will pay for the repairs to the fence and may go after the boyfriend for reimbursement.

Oh yeah, your rates are going to go up.
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  #3  
Old 03-19-2005, 04:50 PM
seniorjudge
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Nancy - the mom that is making those teens we all love so much pay her back - down to any pennies spent on cell phone overages for peak hour usage! That'll teach 'em. I hope.

This is a good thing.
  #4  
Old 03-20-2005, 10:15 AM
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Join Date: Mar 2005
Posts: 8

Decided I like SJ [others please do not reply with jokes - not the time]


Hey SJ - i decided i like you. read some of your responses. You friends with Andy Rooney? Curmudgeon!

Here is a new twist. I learned that my daughter asked him to hold the keys while in the store. When they left the store he got behind the wheel and locked her out. He later opened the passenger door to let her in. She did not leave the vehicle (theft?) but only told him no. Ill pass this new discovery along to Geico for what it is worth.

No less, the term "broad and unfettered" is ambiguous as written in the policy. The underwriters and adjusters are now determining their interpretation. States have diferent interpretations yet i believe they generally hold the owner of the vehicle responsible. Truthfully, i hope they decline to pay. It would teach the "dork" another lesson in responsibility and perhaps lessen the premium hike. that is a joke too but let me keep dreaming ok! Stay tuned . . . .

& the teens dropped off $500 as a start and signed "I owe you" documents i drafted. I have the bee-jee-bahs scared out of them right now. Inasmuch as he was issued a summons for hit & run, i am holding jail time over his head and he is scrambling for $$$ to pay me. I know that i have a slim chance of prosecuting absent lotz of dollars in legal and court fees - but he doesn't. hehehe

Someone has to take the time to teach these kids reality and life's responsibilities. I figure money talks more with teens than adults. No nike shoes, no polo shirts, etc right?

See ya, N
  #5  
Old 03-20-2005, 04:35 PM
seniorjudge
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Quote:
Originally Posted by NancyD
Hey SJ - i decided i like you. read some of your responses. You friends with Andy Rooney? Curmudgeon!
I believe old fart is the more correct term.
  #6  
Old 03-21-2005, 04:37 PM
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Join Date: Mar 2005
Posts: 8

for SJ


"old fart" - LOL

BTW: kid has been paying me $$$ weekly. like that?
  #7  
Old 03-21-2005, 04:39 PM
seniorjudge
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Quote:
Originally Posted by NancyD
"old fart" - LOL

BTW: kid has been paying me $$$ weekly. like that?
....cool....
  #8  
Old 03-21-2005, 04:52 PM
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Join Date: Mar 2005
Posts: 8
Know what SJ: I too am an "old fart-ette" but in this case my intentions are to teach the kid a difficult lesson in life.

not a bad kid - 3.8 gpa in college, into sports, not drugs and/or alcohol and works. I learned he has been bounced from one foster home to another all of his life as his biological mother passed at birth and biological dad is unknown and long gone.

My heart tells me to instill some kindness and caring while teaching him a lesson. Something he never had.

The car is shot. Air bag deployment, etc resulted in $8K cost to repair. Plus, once computer chips and wiring go in those vehicles they are not worth the effort.

& not worth the effort in legal fees, court costs, etc. I am speaking with the DA as the fence belong to the town of herndon and he was cited "hit & run". If only i can manage to save one in a million. I'm sure trying.

stay tuned. . . Nancy
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