Driver Refuses to Take Responsibility

[Coppertop1226]

What is the name of your state? AL

My brother-in-law totaled my husband's truck and he is at fault. We know that our liability insurance is responsible for the other vehicles involved. We do not have collision insurance on my husband's truck so we know that our insurance will not reimburse us for the truck. However, my brother-in-law has full coverage auto insurance and refuses to file a claim on his insurance so that we can get some sort of reimbursement for the cost of the totaled truck. Is it worth us suing him to make him or his insurance company take responsibility for paying for my husband's truck?What is the name of your state?

[justalayman]

I would love to find out where you folks are getting insurance that covers any vehicle you drive.

Insurance generally covers the car, not the driver.

Sue the BIL for your damages.

[moburkes]

Yep. And tell that to emcst12. His collision fixes HIS vehicle only. However, a lawsuit and a judgment can put money in your pockets. Also, remember this: When you allowed him to drive your vehicle, you KNEW there was a chance that an accident could occur.

[Coppertop1226]

Who has the most recourse to sue the BIL? Me, because I am the primary policy holder of our insurance, or my husband, because he owns the totaled truck?

Also, another kink - the BIL has a TN drivers' license and insurance issued in TN. Any ideas how that could play into/not play into all this?

Thank You

[moburkes]

Your husband should sue him since he is the owner of the vehicle. BILs insurance has NOTHING to do with this, and neither does the fact that he is licensed in TN.

[RunningOnEmpty]

BIL's insurance could be involved in this, as your insurance policy does not carry collision. Your insurance would most likely be considered "primary" and BIL's insurance might be what's called "excess" insurance, depending on the wording of his insurance contract.

I work for a major insurance company. If our policyholder is driving a non-owned vehicle that is NOT available for his regular use, our policy would pay the damages to the car he was driving in the event that the owner's policy did not carry collision coverage (regardless of who was at fault). Our policy would act as "excess" coverage over the owner's primary insurance.

Unless your BIL has his full coverage insurance through some small fly-by-night company, his policy would most likely provide excess coverage to pay for damages to your truck under his collision coverage.

[ecmst12]

Thank you! I knew I wasn't crazy. At any rate, it can't hurt to call BIL's insurance company and ASK them if they will cover in this instance.

[Coppertop1226]

Thank you all for your replies.

Here is another piece of information and where it gets even more complicated:

My BIL lives with his girlfriend. Both the girlfriend and BIL share a car that is in the girlfriend's mother's name and both the BIL and the girlfriend are on the mother's policy (to my understanding). The BIL, the girlfriend, nor the girlfriend's mother will tell us what company carries their insurance because the mother of the girlfriend is their agent and they are afraid she will get in trouble. For what, I am not sure. Could it be that the mother owns the car, tags it in her name and address in TN, insures it in TN, the drivers of the car reside in Alabama and don't have TN licenses and she is their agent and knows all this?

I know all that sounds confusing; please let me know what I can clarify.

Thank You

[justalayman]

What is the value of the truck? If it fits within (or close) to small claims jurisdiction, just have hubby file suit against the guy. If he has any insurance that may pay, he will come up with the info. If not, too bad,it's still on him.

You cannot force anybody to release the insurance info and since the insurance company is not liable, the BIL is, that is who you would sue anyway.

Juat do it and get on with things.

[moburkes]

Originally Posted by RunningOnEmpty

BIL's insurance could be involved in this, as your insurance policy does not carry collision. Your insurance would most likely be considered "primary" and BIL's insurance might be what's called "excess" insurance, depending on the wording of his insurance contract.

I work for a major insurance company. If our policyholder is driving a non-owned vehicle that is NOT available for his regular use, our policy would pay the damages to the car he was driving in the event that the owner's policy did not carry collision coverage (regardless of who was at fault). Our policy would act as "excess" coverage over the owner's primary insurance.

Unless your BIL has his full coverage insurance through some small fly-by-night company, his policy would most likely provide excess coverage to pay for damages to your truck under his collision coverage.

I PM'd ROE to find out which insurance companies SPECIFICALLY offer this coverage as listed in the policy contract, and have not received a response so far. I spoke to several adjusters that I know (for different companies), and they stated that unless it specifically states this in the policy, then this is not true, I've used my own experience in insurance, I've emailed other insurance agents, and I've researched the internet. I cannot find one single company that offers this coverage IN THEIR LEGALLY BINDING INSURANCE POLICY. However, a carrier MAY offer this to a customer for some unknown reason (may be a very long term customer with LOTS of business placed with that carrier, for example). The answer that I received: Collision coverage does not transfer to a borrowed vehicle.

Let me give you an extreme example why:
I drive an old beater that I insure for collision (paid off). I also drive a Mercedes that is also paid off, but it belongs to my mother. Its a borrowed vehicle. I don't carry collision because I don't want to pay the premiums, and I also don't think that I will be involved in an accident. Uh oh! I get into an accident, and I total the $60k Mercedes. Well, my beater's insurance company is going to pay the claim for the $60k Mercedes, even though I was only paying the $100/6 month collision premium for the beater.

What ROE described above would happen for liability coverage all day long. I have not run into any instance in which it applies to collision. Now, having said that, exceptions are always made, but I've not found it for collision.

[Coppertop1226]

I got this information from my own agent. He told me that in this situation, our insurance would be primary (to cover the 2 other cars involved) and that the BIL's insurance would cover the damage on my husband's truck.

Now we have found out that the BIL does not have insurance and that the girlfriend's mother is afraid we are going to contact her company because she has knowingly insured a vehicle that resides in AL through a TN policy and her license doesn't extend out of the state of TN. (The girlfriend has never obtained an AL driver's license and still drives to TN to tag the car.)

Based on what everyone has recommended, unless the BIL coughs up the money, my husband will have to sue him, which I doubt will happen.

Thank you so much for your help.

[ecmst12]

All I know is that MY insurance told me I would be covered for collision on a borrowed vehicle, even if the owner didn't carry collision. The reasoning is that since you don't drive borrowed vehicles very often, the increased risk that you might borrow and total a more expensive vehicle than the one you own is negligible. Now if the insurance company found out that you drive the Benz REGULARLY, they might not pay, but that's a different situation.

[moburkes]

I'm simply saying to all 3 of you...where in your policy paperwork (the actual policy) does it state that about collision coverage? Where? I can say things all day long as an insurance agent, but it does not outweigh the actual policy. You might have an E&O claim to pursue, though

[ecmst12]

His GF should be more concerned about the money he's going to owe you if you have to sue him more then the possibility that her insurance might be cancelled or she might have to pay a lot of back premiums. Of course her mother could lose her insurance license for this kind of fraud, I'd guess.

The threat of a lawsuit alone might be enough to open his wallet though.

[Coppertop1226]

What is an E&O claim?

Yes, my husband is hoping the threat of a lawsuit will open their wallet without him suing them.