someone driving my car hit someone else

[oracle117]

california

three questions....
1. if you are in the left lane and the right lane is open approaching a signal light, which is green going to yellow. there are cars in front of you backing up as the first one stops at the yellow versus run the light. the other cars are slowing down and lining up behind and in front of you. the right lane is clear and you decide to go to right lane and make a right instead of staying where you are and going through the light. you turn on you right signal and turn your wheel to the right and barely inch into the right lane....when a car that is speeding to go through the yellow to red light scrapes the corner of your car. your car is not damaged and they have a small and hardly noticeable dent with no paint scraped.

no cops came. they exchanged information saying they will pay privately versus insurance.

you assume it will be your fault thinking it would be considered you were slightly in the right lane (but not moving at that point), however they were speeding to get through a red light. is it your fault or theirs technically?

2. the driver of the other car is nice (female)and says they will get estimates and call. several days later the boyfriend calls and now has $4,000 worth of bills for a car that has 150,000 miles on it...barely noticeable damage...rental car fees for 2 weeks, you name it.

3. the grand finale is that it was my car the person was driving. she and i have the same insurance company. if she goes through the insurance company...does it go on my insurance policy or hers? my car/she is driving it/both have insurance.


thanks!!


a friend of mine was using my car and "hit" another car.

 

[Raisinette]

"Insurance follows the car." The damages, if any, to your car are covered under your collision coverage, if any, and the damages to the car whose right-of-way she infringed upon by attempted unsafe lane change into a passing vehicle already in that lane are covered under your liability coverage.

Them's the breaks. Pick your friends, or the drivers of your car, carefully.

 

[oracle117]

follow up

thank you for the bad news!

from what you know, would this be considered 100% her fault? No consideration for the other car speeding up to the light, etc.? how does the fact that no ticket was issued come into play?

i would pay the other person versus put it through my insurance but all of a sudden this guy is asking for thousands when it is obvious that at the most it would require one of those dent pros to do it for a couple hundred. does he have the right of can i fight the amount he is asking if i paid him privately?

thanks for any information

 

[Raisinette]

more news you can use -- but won't like

thank you for the bad news!

from what you know, would this be considered 100% her fault? No consideration for the other car speeding up to the light, etc.? how does the fact that no ticket was issued come into play?

i would pay the other person versus put it through my insurance but all of a sudden this guy is asking for thousands when it is obvious that at the most it would require one of those dent pros to do it for a couple hundred. does he have the right of can i fight the amount he is asking if i paid him privately?

thanks for any information

It would take independent witnesses to show some act of recklessness equating to negligence on the part of the other driver. Your driver's claim that he was speeding is worthless in & of itself. And if she knew he was speeding, all the more -- not less -- reason not to attempt her creative little traffic light dodge.

Likewise, you will get nowhere but deeper in trouble trying, first, to pay him independently, and second, to argue about the dollar amount of damages that are going to be assessed by body shops that will repair the vehicle. He is entitled to have his car fixed where he wants it to be according to industry standards, not a low-rent "dent pro."

Your best chance to reduce dollars paid is to let your insurance company adjusters handle it. It will make no difference to your insurance rates; those are going up regardless, with this company, or, if they cancel you, with the next one.

If you really don't want to run it through your insurance, pay the amount of the body shop estimate, and the rental charges, and be totally nice and not argumentative or accusatory about it. That blows up ... and back.

 

[JETX]

you assume it will be your fault thinking it would be considered you were slightly in the right lane (but not moving at that point), however they were speeding to get through a red light. is it your fault or theirs technically?

No 'technically' about it.... the fault is yours. Bottom line... you failed to 'yield right of way' to a vehicle already in 'possession' of that lane (and thereby, WITH the right of way).

if she goes through the insurance company...does it go on my insurance policy or hers? my car/she is driving it/both have insurance.

Will likely go 'with the car'..... but up to the insurance company to determine fault and liability.

 

[oracle117]

Follow Up

Does She Report The Accident To The Dmv And The Insurance Company If She Pays For The Damages Privately And Does Not Go Through My (the Owner) Insurance Company?

If She Reports To Them, But Pays Privately, Does It Effect My Insurance Still?

She Wants To Pay The Guy Privately And Not Make My Rates Go Up By Claiming On My Policy Just Because She Was Using My Car, But I Do Not Know If That Is Possible To Do?


Thanks

 

[JETX]

Does She Report The Accident To The Dmv And The Insurance Company If She Pays For The Damages Privately And Does Not Go Through My (the Owner) Insurance Company?

If She Reports To Them, But Pays Privately, Does It Effect My Insurance Still?

She Wants To Pay The Guy Privately And Not Make My Rates Go Up By Claiming On My Policy Just Because She Was Using My Car, But I Do Not Know If That Is Possible To Do?

Thanks

Do NOT use caps to start every word.

 

[oracle117]

wierd?

how did that happen with the caps. i typed it like i am typing this, in lower case and i see it came out with a cap on each word??? i have never seen that happen? it it my computer or something on this site. believe me i am a bad enough typer i would not cap each word on my own since i have to look at the keys when i type with my two fingers.

does that mean you will not answer my question?

 

[JETX]

does that mean you will not answer my question?

No, but it does mean that it is much harder to read!!

Does She Report The Accident To The Dmv And The Insurance Company If She Pays For The Damages Privately And Does Not Go Through My (the Owner) Insurance Company?

If the damages (property, car rental, injury, etc.) are paid privately, there is no reason or obligation to involve the insurance claims.

If She Reports To Them, But Pays Privately, Does It Effect My Insurance Still?

Depends. Most insurance company premiums aren't affected if they have no 'loss' or claim to pay. However, some insurance company's will review your driving and/or claim history and it could affect in that case.

She Wants To Pay The Guy Privately And Not Make My Rates Go Up By Claiming On My Policy Just Because She Was Using My Car, But I Do Not Know If That Is Possible To Do?

See above.

 

[lwpat]

The accident goes on her driving record so it will not effect your insurance rates unless you file under your insurance. Usually insurance goes with the car but she may have a "drive other car" inclusion. If not then your insurance pays.

My suggestion would be to let your insurance handle the claim and then let her reimburse you. This should take care of any legalities and cover any future increase in your insurance premiums.