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Freind borrowed car, brought it back damaged, claims a deer hit him, who's fault?

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kweber

Junior Member
PENNSYLVANIAIf Someone borrowed my truck and brought it back with the whole back panel smashed in claiming a deer hit him, who's responsible? He claims he called his insurance and told them what happened and they claim that it's considered an act of god and they won't pay. I sued him in civil court and won, but he appealed it. He admits the incident happened however now he is trying to downgrade the value of the vehicle to excuse paying fully. He obtained and estimate for "bonding" that was only a quarter of my estimate. my estimate was for replacement of the panel versus "bonding", he feels I should fix it his way rather than the way it was before he borrowed it and after doing some research on "bonding" I have found that it is in dispute for many flaws and safety factors. So is he fully resposible and why would his insurance not pay? Thanks
 
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moburkes

Senior Member
Since he was driving YOUR car, your insurance pays to fix YOUR car. What coverage of his insurance policy did you expect to fix your car (just curious)?

That's how insurance works. Your comprehensive (which covers hitting an animal, if that's what happens) coverage fixes this. You really should have just asked him to pay your deductible, if you had that coverage. That's what its for.

His insurance would only pay excess over what your policy doesn't pay, and it would not include the damage to your own vehicle. His policy would pay excess liability only (damage to what he hit).

But you won the first case. He has to prove why you shouldn't have won (in the appeal). I would just make sure that you present evidence that the method he wants to use to repair your vehicle is not reliable. I'm guessing you don't have comprehensive, or you wouldn't have to argue over how much.
 

kweber

Junior Member
Just collision is carried on the vehicle. Last year my sister borrowed my truck and drove to Virginia where she had an accident. She called her insurance company and told them the situation and they handled it, although it was my vehicle the insurance company claimed because they insure her, she is covered no matter what vehicle she is driving. So that you see is why I do not understand why his insurance could not be bothered unless he only carried collision. Needless to say I feel he will pull anything out of his hat to avoid paying. Court is next month and he has delayed it to the best of his ability. Yes I have done alot of research through the Auto Body Repair News and have gotten affidavits stating the issues and consumer safety problems the technique is causing. Thanks alot.
 
I'm confused as to how the damage in the back of the vehicle was caused by a deer. Did the deer run up to the vehicle and smash it in while it was standing still? Was your friend backing up when a deer darted out from nowhere? I'm trying to picture this...
 

moburkes

Senior Member
Good question, insurance lady. Didn't pay attention to that.

OP, yes, you are covered by your insurance policy if you drive another vehicle. But most policies specify that they cover SECONDARY if you are driving another vehicle, and they only cover for the liability not the coverage for the vehicle you are driving. Think about it. How do they know if when you drive someone's vehicle, you will be driving a hoopdie (sp?) or an $85k Mercedes? How would they charge your premium, not knowing that?

Are you sure you really carry collision only? You should have liability also. That's required by law. Most people if they don't have both comprehensive and collision, have comprehensive but NOT collision.

What coverages do you have on your policy?
 

xylene

Senior Member
InsuranceLadyAZ said:
I'm confused as to how the damage in the back of the vehicle was caused by a deer. Did the deer run up to the vehicle and smash it in while it was standing still? Was your friend backing up when a deer darted out from nowhere? I'm trying to picture this...
The op is LIKELY talking about the rear side panel. The deer could have hit the side of the vehicle. I have seen severe damage occur in this fashion.

Even if it is the back, I have seen a deer do significant damage by striking a non-moving vehicle while galloping at full speed, destroying an escalades tail light assembly. So it is a real prospect that the deer collided with the car, even in the rear area, even in the direct back. Even in a stationary car.
 

HappyHusband

Senior Member
xylene said:
The op is LIKELY talking about the rear side panel. The deer could have hit the side of the vehicle. I have seen severe damage occur in this fashion.

Even if it is the back, I have seen a deer do significant damage by striking a non-moving vehicle while galloping at full speed, destroying an escalades tail light assembly. So it is a real prospect that the deer collided with the car, even in the rear area, even in the direct back. Even in a stationary car.
He is lucky he wasn't this guy.
http://72.16.129.90/presskit_durango/Photos/ABRAAUTOBODYANDGLASS/Deer vs Durango.jpg

Or this guy.
http://declarationsandexclusions.typepad.com/photos/uncategorized/deercrossing.jpg
 
xylene said:
The op is LIKELY talking about the rear side panel. The deer could have hit the side of the vehicle. I have seen severe damage occur in this fashion.

Even if it is the back, I have seen a deer do significant damage by striking a non-moving vehicle while galloping at full speed, destroying an escalades tail light assembly. So it is a real prospect that the deer collided with the car, even in the rear area, even in the direct back. Even in a stationary car.
I wasn't implying damage cannot happen to the rear of the vehicle. However, I am having a hard time understanding how the damage happened from the OP's post.

I lived in PA for a long time and certainly hit my share of deer; just curious about how the friend explained the damage to the rear of the vehicle.
 

teflon_jones

Senior Member
I was in the back seat of a little Japanese car a long time ago when a deer ran out into the road and smashed its face right into the window next to my head. Scared the bejesus out of me, but it didn't damage the car. I don't understand how the deer could have enough force to damage the truck in this case either.

Regardless, insurance follows the car, not the driver. Whatever insurance policy kweber cited must have had a clause that covered the driver when they drove other vehicles. This is very rare.
 

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