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  1. #1
    gingerspice451 is offline Junior Member
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    Insurance lapsed, I was hit - who is at fault?

    What is the name of your state? Louisiana

    I know that Louisiana is harsh towards people with no insurance. Here is the whole story. Saturday my car was parked at my residence (I live in a mobile home park, we have assigned parking spaces) in my parking space when my neighbor's sister (in a rented moving van) backed into my car. My auto insurance had lapsed about 2 weeks prior because I couldn't make the payment. I also have expired tags. I've been driving my husband's truck lately, by the way, not this car. We didn't call the cops to file a report because the girl who hit it said that they wouldn't come out to a private parking lot. I didn't know any better, so I said okay. Well, the lady with the insurance on the van said she called her agent and that because I didn't have insurance, I am liable not them. I was so upset, but I tried to talk to them calmly and explain that even if that is the law, I would think that because this girl was my close friend, we could work out something financially. They know I'm in no spot to pay for something like this and they can well afford it. Besides, I was parked at my own house!!! Anyway, it has gotten extremely ugly to the point of harassment where I've had to call the landlord, so today I called Geico (whom I got coverage with on Monday morning after this happened) and explained the whole situation to them. They are going to handle it for me, and they said that because I was parked at my own home and the car was turned off with no one inside of the car that yes, the driver of the moving van IS liable, not me. The mother of the girl who hit me called me and said that her insurance is not going to cover it and that she talked to three different agents and two lawyers and they all say that the fault is mine. Geico tells me the complete opposite. I'm so upset that they are taking it this far. I was to the point where I was about to say "just forget it",really, it's not a huge dent but they wanted to get ugly about it, so now I'm going to fight it out and let the law decide.

    My question is -- who is right? Is Geico right, that their insurance company has to pay up?? I can't find any information regarding Louisiana law and this and it's very frustrating. I tried calling an independent agent today and getting information but because I wasn't their customer they wouldn't help.
  2. #2
    JustAPal00 is offline Senior Member
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    You were not operating your car when the accident happened. Your car does not need to be insured when it is sitting on private property. It is their fault! You might need to go to court to get them to pay, but you and Geico are right!
  3. #3
    moburkes is offline Senior Member
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    Quote Originally Posted by JustAPal00 View Post
    You were not operating your car when the accident happened. Your car does not need to be insured when it is sitting on private property. It is their fault! You might need to go to court to get them to pay, but you and Geico are right!
    That's not correct. The law requires that all registered owners of a vehicle have insurance. Since the tags are expired, she MAY be okay. I am VERY surprised that GEICO is helping her. OP, did you tell GEICO that your vehicle was involved in an accident before you purchased the policy.

    The law states that you are responsible for the first $10,000 of damages when you are involved in an accident, regardless of fault, if you don't have insurance.

    Your neighbors are not responsible for your financial situation.

    Let me see if I can dig further for a statute that says the claim will be paid.
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    Originally Posted by arazi
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  4. #4
    moburkes is offline Senior Member
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    866. Compulsory motor vehicle liability security; failure to comply; limitation of damages

    A.(1) There shall be no recovery for the first ten thousand dollars of bodily injury and no recovery for the first ten thousand dollars of property damage based on any cause or right of action arising out of a motor vehicle accident, for such injury or damages occasioned by an owner or operator of a motor vehicle involved in such accident who fails to own or maintain compulsory motor vehicle liability security.

    (2) For purposes of this Section, the meaning of "bodily injury" and "property damage" is governed by the applicable motor vehicle liability insurance policy or, in the event of security other than an insurance policy, the meaning of such terms is that which is commonly ascribed thereto.

    (3)(a) The limitation of recovery provisions of this Subsection do not apply if the driver of the other vehicle:
    (i) Is cited for a violation of R.S. 14:98 as a result of the accident and is subsequently convicted of or pleads nolo contendere to such offense.

    (ii) Intentionally causes the accident.

    (iii) Flees from the scene of the accident.

    (iv) At the time of the accident, is in furtherance of the commission of a felony offense under the law.

    (b) The limitation of recovery provisions of this Subsection do not apply if at the time of the accident, the other vehicle is not being operated and the vehicle is not in violation of the provisions of Chapter 1 of this Title.
    ...
    H. The provisions of this Part shall not apply to any vehicle which is legally parked at the time of the accident.




    It appears that GEICO is correct. OP, I hope that you have learned a valuable lesson, though. Please don't let your insurance lapse again.
    My new signature:
    Originally Posted by arazi
    I'll take you on one-to-one in a volcabulary test anywhere, anyplace, anytime.
  5. #5
    ecmst12 is offline Senior Member
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    What you need to do is talk to the girl's insurance company yourself instead of getting anything second or thirdhand from her.
  6. #6
    moburkes is offline Senior Member
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    Quote Originally Posted by ecmst12 View Post
    What you need to do is talk to the girl's insurance company yourself instead of getting anything second or thirdhand from her.
    See my answer above. We were typing at the same time.
    My new signature:
    Originally Posted by arazi
    I'll take you on one-to-one in a volcabulary test anywhere, anyplace, anytime.
  7. #7
    gingerspice451 is offline Junior Member
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    Oh I have learned a HUGE lesson. The situation was just a tough one, and I know everyone has a sob story, but we really couldn't afford the insurance. My daughter had to have surgery in Shreveport and we had to stay up there for a week. We had to take any additional money we had for hotel, food, gas, etc..., and money was tight. I had two options - not pay house insurance or not pay car insurance. I know it seems not paying house insurance would have been wiser, but being hurricane season and living in a mobile home (having lost quite a bit in Hurricane Rita two years ago), I chose to pay that and forgo the car insurance. Either way, I was up a creek without a paddle. We've got insurance now and I thank Geico so much for helping. I had just found the law myself and was about to ask if that applied to me, but since you already stated that it does in your reply, that really helped. The worst part (to me) is, I was willing to just say "okay, my bad I didn't have insurance." but now that they've escalated it so with the drama, I've not only lost my best friend, but I still have to live next to this person. The dent wasn't really that horrible in the first place.
  8. #8
    gingerspice451 is offline Junior Member
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    In response to the question: OP, did you tell GEICO that your vehicle was involved in an accident before you purchased the policy.



    No, I didn't tell anyone because I purchased the policy online late Sunday night as soon as our paycheck hit the bank. I didn't think they'd have anything to do with the loss, so I didn't know to inform them of it, although if they had asked or I would have had to fill out any forms about it, I would have mentioned it. I only called Geico for advice today because I didn't know where else to go for advice that would be accurate.
  9. #9
    moburkes is offline Senior Member
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    The relationship is repairable. She hit your vehicle by accident. She didn't know that you didn't have insurance. Once you discussed it, she told you the law. There was nothing wrong with that. You expected her to pay you out of her pocket, which defeats the purpose of paying for insurance. Apparently, her adjuster didn't realize that one nuance of the law, and your neighbor didn't either. So, she responded as any normal person would have when confronted with someone who broke the law and still wanted restitution.

    The bottom line is this: Your vehicle will be repaired by her insurance company. She will have an at fault accident on her record, regardless of the outcome of the claim, because she accidentally backed into your vehicle. Okay? If I were you, I'd knock on her door tomorrow, and apologize. You were upset because your vehicle was damaged through no fault of your own, you've been under some stress, and you thought the responsible party should make it right. You were ignoring the law, though. You're glad that it ended well, and you'd like to put it behind you.

    Good luck.

    Seriously, we've all had hard times. Look into Dave Ramsey. I'm gonna do it to help myself get on a serious budget. Maybe it can help your family too.
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    Originally Posted by arazi
    I'll take you on one-to-one in a volcabulary test anywhere, anyplace, anytime.
  10. #10
    moburkes is offline Senior Member
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    I'm surprised that none of the questions asked about ANY accidents, your fault or not your fault.
    My new signature:
    Originally Posted by arazi
    I'll take you on one-to-one in a volcabulary test anywhere, anyplace, anytime.
  11. #11
    gingerspice451 is offline Junior Member
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    Oh okay I see what you are saying. Yes, there was a place where it asked about any accidents. My wrong again, you are correct. There is a drop down menu where you have to enter any tickets issued, etc... I also thought that this incident had been solved by then though, because we had talked it through and I had told them that I would just have to deal with the damages myself because I thought I was in the wrong. Therefore, no police report was filed, no claim was going to be filed, it was done. An accident had happened - literally an accident - and so I didn't, at the time, consider it something that I needed to report. I've been bumped before while at a red light, and we looked at the damages, there was nothing worth reporting besides some flaking paint, and we went our separate ways. I wouldn't report that, therefore, I had put this in the same classification. Again, I'm wrong I see that.
    I put myself in a risky situation and it's a lesson that will stick with me.
  12. #12
    JustAPal00 is offline Senior Member
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    Quote Originally Posted by moburkes View Post
    That's not correct. The law requires that all registered owners of a vehicle have insurance. Since the tags are expired, she MAY be okay. I am VERY surprised that GEICO is helping her. OP, did you tell GEICO that your vehicle was involved in an accident before you purchased the policy.

    The law states that you are responsible for the first $10,000 of damages when you are involved in an accident, regardless of fault, if you don't have insurance.

    Your neighbors are not responsible for your financial situation.

    Let me see if I can dig further for a statute that says the claim will be paid.
    It said in the OP that the tags were expired, thus since it was sitting on private property, no insurance is required! The important factors here are first that the car was on private property, not on a public road. Second that the car was not being operated at the time of the collision. The $10,000 will not apply here!
    Last edited by JustAPal00; 08-22-2007 at 10:34 PM.
  13. #13
    justalayman is offline Senior Member
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    Quote Originally Posted by JustAPal00 View Post
    It said in the OP that the tags were expired, thus since it was sitting on private property, no insurance is required! The important factors here are first that the car was on private property, not on a public road. Second that the car was not being operated at the time of the collision. The $10,000 will not apply here!
    Did you miss all of Mo's subsequent postings?

    She corrected herself after she researched the statutes.
  14. #14
    moburkes is offline Senior Member
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    Quote Originally Posted by JustAPal00 View Post
    You were not operating your car when the accident happened. Your car does not need to be insured when it is sitting on private property. It is their fault! You might need to go to court to get them to pay, but you and Geico are right!
    Your car DOES need to be insured while on private property. Are you saying that she can park her car in the mall parking lot, and it doesn't need to be insured? I'm going to say that the vehicle would NOT be legally parked in the mall parking lot.
    My new signature:
    Originally Posted by arazi
    I'll take you on one-to-one in a volcabulary test anywhere, anyplace, anytime.
  15. #15
    JustAPal00 is offline Senior Member
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    Quote Originally Posted by moburkes View Post
    Your car DOES need to be insured while on private property. Are you saying that she can park her car in the mall parking lot, and it doesn't need to be insured? I'm going to say that the vehicle would NOT be legally parked in the mall parking lot.
    If the owner of the mall says it's ok to park your unregistered uninsured vehicle on their property then it's OK. In this case the OP is renting the property and unless there is a clause in the lease saying she can't then it's OK . If there is a clause in the lease, then it still isn't a legal matter, but becomes a civil matter between the property owner and the tenant! The law that you read is not meant to include a stationary, unregistered, and uninsured vehicle. If that were the case every farmer in Louisiana would be in trouble!

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