Driver being sued by insurance company

[sdtreasures]

What is the name of your state? California

Hi... My mom's husband had my permission to drive my Jeep back in July when I was out of town. They dropped me off at the airport, drove the Jeep back to my house, and then when he was backing out of my driveway got hit by a woman going too fast (and also supposedly with a cast on her leg!)

The claims (I thought) were all settled with my insurance company and the other 2 (she hit the Jeep so hard it went sideways into a parked car.) My insurance company was even able to get me back my deductible in a settlement with the woman's insurance company.

Now the other insurance company is suing my mom's husband for $1200. He's not on my policy, since he doesn't drive my car, so I'm not sure if Geico will help me out. What can he do??

Thanks!

 

[ecmst12]

Your mom's husband was at fault, so I don't know how they got your deductible back. I also don't know how the other insurance company could supposedly pay you, and then turn around and sue for their money back. Something is not adding up.

Your mom's husband should be covered since you gave him permission to drive the car. Report the accident to your insurance company ASAP.

 

[sdtreasures]

Thanks for your reply.

The accident was reported. Police came, and the policemen didn't assign any blame. My insurance company paid for my damage, then sued the driver of the other car and got their money and my deductible back.

How is it my mom's husband's fault if he's pulling out of a driveway, stops, and a car barrels into the back of him? The speed limit is 20 on this street, and the impact bent my real axle and did over $3000 worth of damage.

But the bottom line is that my insurance company (Geico) should take care of this since he had permission to drive my car, is that correct?

Thank you!

 

[ecmst12]

Yes, your insurance should take care of it.

He was at fault because 1. He was backing up, and 2. He was pulling out into traffic. Drivers doing either or both of these activities are required to yield to traffic driving forwards and already established on the street. So I really have no clue how your insurance company could have gotten any money from the other insurance company at all, especially since they are now suing you.

Perhaps your stepdad's own insurance (on his car) paid for your deductible? That would be odd too, but less odd then the other driver's insurance paying at all when they were not at fault, and MUCH less odd then them paying and THEN suing.

 

[sdtreasures]

I have an update....

I spoke to the liability insurance adjuster for my insurance company, Geico. She said that they went to arbitration with the other insurance company, Wawanesa. The arbitration found the driver of the moving car was 100% at fault, and my mom's husband 0% at fault. (I think it had to do with the fact that she had a cast on her right foot and my mom's husband was not moving at the time of impact.)

The insurance company which is attempting to sue is actually a third car, which was parked. This woman hit my car so hard (in a 20 mph zone) that it pushed the jeep sideways (hitting just the spare tire attached on the back) into th car parallel parked just past my driveway. This insurance company (Coast) doesn't participate in the arbitration agreement most of the insurance companies have agreed tom so therefore decided to sue.

Geico called Coast and said they need to follow up with Wawanesa. She told me that if my mom's husband is served with papers, then to call Geico and they will re-open the claim and take care of things.

Thanks again for your insight!

 

[ecmst12]

The parked car is probably going after BOTH drivers, as is totally appropriate. Since they lost on arb, the other driver's insurance should take care of 100% of the parked car's damages as well.