I fear that I am in real trouble someone help!

[schellmis]

What is the name of your state? Illinios

Here is my problem and I am worried sick. I recieved a letter certiifed this weekend from an attorney Notice of Attorney Lien. It says something about an accident with my vehicle. I cornered my daugther and she admitted that her friend was driving my car and he got into a minor accident/ No damage but his fault. On the police report it states no damage but the driver called whip lash and the ambulance came. The passengers in the other drivers car where laughing. The police issued the kid a ticket for failure to reduce speed/stop light turning the car did not turn and he bumped his back bumper.

I did not know of this accident/nor that he was driving my car. The police told the kid that he needs to get a lawyer but not to worry about it they are just trying to get money out of you.

Well, now I am being sued. I have only liablity, the kid told my daughter that he had premium car insurance and that he is insured driving any one's car.
He apparently has hired an attorney. The letter that I recieved is as follows

Notice of Attorney's Lien
Plase take notice that the avoe individuals have retained xxxxxxx for representation in a claim against you arising of an automobile accident which occurred in xxxxx, Ilxxxx on our aboutxxxxx whereby causing our clients bodily ijuries.

xxxxx, claims a lien for attorney's fees equal to on-third (or forty percent if there is an appeal or secon trial) of whatever amount may be recoverd on the claim.

Please send a copy of this letter to your insurance company immediately.

Apparently now all passengers of the car are intending to sue. My insurance will not pay this. The driver is a minor and ofcourse I did not authorize him to drive my car. Even though my daugher did. I am the owner

What can I do?? If I call my insurance to let them know,, they will drop me.

Please help

 

[BelizeBreeze]

And how do you know your insurance will drop you?

The plain fact is if you do NOT notify your insurance then you will need to hire your own attorney and defend yourself.

 

[schellmis]

I just have a feeling that I will be dropped. I am at fault if I did not authorize him to use my vehicle? Even if my daughter allowed him to drive it? I am sure that this is just a case of " we don't have a case" lets' settle out of court" why would I recieve such a letter?

 

[shell007]

Insurance follows the "car"...not the driver!

Yes..call your insurance co. as you were told to do! Put the cards out on the table (face-up) and they will reveal themselves.

Ins. Co. can drop you, but not necessarily will. Totally up to the carrier.

Stand by for more avdvice...

 

[schellmis]

Thank you,, i will take as much advise as possible. Unfortunetly my teen driver learned the hard way. But she failed to let me know what happend. As I have read before, that yes the insurance follows the car but if it states in my policy that no other drivers are to drive my car they will not be insured and if I did not authorize the driver what happens?

I will do what needs to be done to cover my a**.

 

[shell007]

Thank you,, i will take as much advise as possible. Unfortunetly my teen driver learned the hard way. But she failed to let me know what happend. As I have read before, that yes the insurance follows the car but if it states in my policy that no other drivers are to drive my car they will not be insured and if I did not authorize the driver what happens?

I will do what needs to be done to cover my a**.

I think that only means that "NO ONE SHOULD DRIVE YOUR CAR except you" because there is no insurance coverage on other driver's. I don't think that releases you from liability.

Your insurance co. is the only one who can explain your policy to you. That's why it is advisable to call them ASAP. The sooner you do...the better you will feel. Avoiding a possible negative outcome will not make things better.

Good luck!

 

[schellmis]

I have spoken to my driver's lawyer and he informed me that " yes, I need to call my insurance company. I informed him that I only had liability on the car. Either way, if my insurance gets involved or not I need to call them. Except where ever chips fall. I feel sorry for the young man who was driving my car, he is very upset about all of this and informs me that his family will pay for everything, but like I informed him " that's all good but my insurance is going to go through the roof"

I have no claims, no tickets but I withheld an accident from them before, my daughter hit a telephone pole/ no damage to anyone or anything No claim but they did find out because she was taken to the emergancy room because she was hyperventilating because she was scared. MY health insurance called them I explained to my agent that I did nt know that I had to call, it's been two years and my new premium went down 200 bucks. Good driving record. Now either they will give me the boot and raise me again.

 

[schellmis]

So as you see it, my insurance maybe still liable to pay? I think that the lawyer hinted towards " I am still liable/insurance" I guess that I am lucky that I am not up for murder" my daugher! lol. I told her that he is lucky to have parent like me. She would have been dead. lolol.

Like I said " this kid said that he will pay for everything. Now the question is can anyone give me some advice on how to aproach my agent? That the family that drove my car is wanted to take full burden of this problem? Can they?? This is a mess. Thanks again all for chiming in and giving me some good advise.

 

[moburkes]

I think the OP has some misunderstandings about her insurance.

1. You say that you only have liability. You only NEED liability when you hit someone. They don't care about the damage to your vehicle. Their concern is their medical bills and/or damage to their vehicle. The bigger concern is HOW MUCH liability you have (enough to pay their bills).

2. You have no idea if your insurance company will pay if you don't ask. You also don't know if they will drop you. If it were me, I would rather the insurance company defend me and pay my claim (up to the policy limits) and cancel me (if that's what they are going to do), than have to defend and pay this out of my own pocket.

3. You can't be considered at fault for an accident in which you were not involved. You are liable, but not at fault. They are 2 different things.

4. This is NOT a case of "we don't have a case, we are trying to sue you." An attorney would not get involved on a contingency basis if they didn't expect to get paid down the road.

5. You said that you spoke to "your driver's lawyer" and I have no clue what you mean by that. Why do you feel sorry for the young man? He drove his friend's mom's car without the friend's mom permission, and caused an accident. It could have been worse. I wouldn't feel sorry for him at all.

6. Your insurance doesn't have to increase because of this. Since he is not a driver on your policy, the rate may not change. Accidents follow the driver. His insurance will increase. Yours probably won't. I've never increased a premium for a policy holder when the at fault driver was not on the policy. Now I do make sure that the driver should not be added to the policy (if they regularly drive the vehicle).

7. The other family says that they will take full responsbility now. Their insurance company may end up paying on the claim if your policy doesn't have enough coverage. More than likely they are not offering to pay tens of thousands of dollars to settle claims of several drivers (if it comes to that). But, again, the insurance company may end up paying.

8. Don't worry about your agent. If you don't want to talk to him, call the 800 claims # listed on the ID card or the policy.

Hope this helps.

 

[schellmis]

You helped me a great deal. I feel much better and you are right, I should not feel sorry for him. I informed him that even though he did not call his insurance company I have to call mine.

6. Your insurance doesn't have to increase because of this. Since he is not a driver on your policy, the rate may not change. Accidents follow the driver. His insurance will increase. Yours probably won't. I've never increased a premium for a policy holder when the at fault driver was not on the policy. Now I do make sure that the driver should not be added to the policy (if they regularly drive the vehicle).

Thank God this kid is not a driver of my vehicle. I would have to kill him to! " Just kiddin" no murder just a few slaps!

Well I do apreciate all the help and yes I am a bit scared to call my agent. I will need the drivers information I am assuming and insurance?

 

[moburkes]

I'm not sure exactly what they will ask, but the sooner you call, the sooner they can start working on the claim. You'll only be able to provide the info you have. Call, and give the info you have, and they will just have to get the rest later. Maybe having the police report handy will help you. Good luck. Don't forget to update us. Thanks!

 

[schellmis]

Thank you very much. You have helped me feel at ease and I will update you when I get through this.

Happy Holidays!