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11-08-2005, 07:06 PM
| | Junior Member | | Join Date: Nov 2005
Posts: 3
| | | Little brother being sued, need advise
What is the name of your state?What is the name of your state? PA. My brother was out with a friend last year, he was 18 years old. His friend told him he had got his own car, so they took it for a ride. My brother (who owned his own car which he held liability insurance on) drove his friends' car, and they were involved in an accident. Both cars involved in the accident were insured by the same company, and that company is now looking to sue my brother for $7,600 for the damages to the car they hit. (They hydroplaned.) I advised my brother to contact HIS own insurance agent, because they should be representing his best interset. He received a registered letter to appear in court on 11/23, and it also said that the car my brother was driving was actually in his friend's Grandmaother's name, so since she did not give him permission to drive the car he has to pay. I cannot believe that he has to pay! His friend had permission to drive the car, and told my brother the car belonged to him, not his grandmother. My brother had no knowledge that the car did not belong to his friend. Also, if his friend had permission to drive, and he allowed my brother to dive, then why is he unauthorized? I believe this is a big insurance company trying to take advantage of a kid. Please, I appreciate any legal guidance. |
11-08-2005, 07:11 PM
| | Senior Member | | Join Date: Jun 2004 Location: "Harvey and Me"
Posts: 25,177
| | Quote: |
Originally Posted by Cathleen1972 What is the name of your state?What is the name of your state? PA. My brother was out with a friend last year, he was 18 years old. His friend told him he had got his own car, so they took it for a ride. My brother (who owned his own car which he held liability insurance on) drove his friends' car, and they were involved in an accident. Both cars involved in the accident were insured by the same company, and that company is now looking to sue my brother for $7,600 for the damages to the car they hit. (They hydroplaned.) I advised my brother to contact HIS own insurance agent, because they should be representing his best interset. | Not necessarily. That depends on his exact coverage. Quote: |
He received a registered letter to appear in court on 11/23, and it also said that the car my brother was driving was actually in his friend's Grandmaother's name, so since she did not give him permission to drive the car he has to pay.
| That is correct. Quote: |
I cannot believe that he has to pay! His friend had permission to drive the car, and told my brother the car belonged to him, not his grandmother.
| And that matters little. What matters is not what he believed, but what is actually correct. Quote: |
My brother had no knowledge that the car did not belong to his friend.
| Irrelevant to the issues involved. Quote: |
Also, if his friend had permission to drive, and he allowed my brother to dive, then why is he unauthorized?
| Because granny's permission does not extend to little brother. Quote: |
I believe this is a big insurance company trying to take advantage of a kid. Please, I appreciate any legal guidance.
| You can believe all you want. But your brother is liable for the damages HE made. |
11-08-2005, 07:20 PM
| | Junior Member | | Join Date: Nov 2005
Posts: 3
| | | I don't disagree that my little brother should be liable, but why would his insurance company not cover the expense and raise his rates? |
11-08-2005, 07:22 PM
| | Senior Member | | Join Date: Jun 2004 Location: "Harvey and Me"
Posts: 25,177
| | Quote: |
Originally Posted by Cathleen1972 I don't disagree that my little brother should be liable, but why would his insurance company not cover the expense and raise his rates? | Maybe because he didn't pay the extra few dollars a month for the coverage? |
11-08-2005, 07:25 PM
| | Junior Member | | Join Date: Nov 2005
Posts: 3
| | | What coverage? |
11-08-2005, 07:27 PM
| | Senior Member | | Join Date: Jun 2004 Location: "Harvey and Me"
Posts: 25,177
| | Quote: |
Originally Posted by Cathleen1972 What coverage? | He had insurance for himself and A car. NOT this car. If he wanted insurance for any car he drove then there are riders he could have purchased that would have covered him in any car he drove.
As it seems to be, he doesn't have that insurance and ONLY his own car was covered.
That's why you don't drive other people's cars without PROPER insurance. |
11-09-2005, 12:01 AM
| | Senior Member | | Join Date: Oct 2001 Location: california
Posts: 7,789
| | | The car your brother was driving was insured, right? Your brother also has his own insurance coverage for his own vehicle, right? The insurance for both vehicles are with the same company, right?
Since your brother had permission to drive the car from his friend and his friend had permission to use the car from the grandma, use of the car should not be an issue.
Your brother should turn over the claim against him to his carrier and demand coverage for the loss under his own policy. Since both the claimant and your brother are insured with the same carrier they will not sue your brother. Did your brother have property damage coverage?
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