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Sued for an accident that happened when I wasn't in the car

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ngannguyen99

Junior Member
I live in Oregon. Accident happened in Oregon.

Two years ago, my roomate's friend took my car without my permission and rear ended somebody. He avoided me after the accident, and I never figured out exactly what happened. I moved away and haven't talked to them since. Now, two years later, the person that he hit is pressing charges. I think my insurance company (State Farm) is getting an attorney, but I just want to know exactly what is going to happen, and if we have to pay a compensation, who pays it? Thanks for your time...
 


moburkes

Senior Member
Part of the coverage on your policy is that your insurance company pays to defend you. You will have to read your policy to see if it covers someone stealing your vehicle and causing a wreck. How did they get your keys? Was it really without your permission, or did you say that after the fact? Did you file a police report for the theft?
 

ngannguyen99

Junior Member
The guy who took the car was my room mates boyfriend at the time, and that night when I was sleeping they came into my room and took the keys. When I got up and noticed my car was gone, I called her at work and she told me that he just borrowed my car to take her to work, and he was coming straight back to give it back to me, so I didn't file a report. He never came back and later that day I found out my car got impounded, when I went to pick it up, the whole front end was smashed in. That's the last I ever talked to him, and I moved out shortly after that.
 

seniorjudge

Senior Member
ngannguyen99 said:
The guy who took the car was my room mates boyfriend at the time, and that night when I was sleeping they came into my room and took the keys. When I got up and noticed my car was gone, I called her at work and she told me that he just borrowed my car to take her to work, and he was coming straight back to give it back to me, so I didn't file a report. He never came back and later that day I found out my car got impounded, when I went to pick it up, the whole front end was smashed in. That's the last I ever talked to him, and I moved out shortly after that.

He never came back and later that day I found out my car got impounded, when I went to pick it up, the whole front end was smashed in.



If it ever goes to court, the lawyer for the other side will want to know why you did not file a police report....
 
S

shell007

Guest
Two years ago, my roomate's friend took my car without my permission and rear ended somebody. He avoided me after the accident, and I never figured out exactly what happened. I moved away and haven't talked to them since. Now, two years later, the person that he hit is pressing charges. I think my insurance company (State Farm) is getting an attorney, but I just want to know exactly what is going to happen, and if we have to pay a compensation, who pays it? Thanks for your time...
You said "pressing charges"...do you mean criminal charges or did you mean to say that he has filed a claim for damages through your insurance company?

If he has filed a claim then:

Your ins. co. will handle the situation for the most part and should/may supply you with an attorney if needed.

The person who was rear-ended by your vehicle probably had two years to file a claim for damages and seems to have done just that.

As long as your insurance was active at that time(which appears to be the case) your ins. co will try and settle the claim for damages as per your policy limits.

If he decides to not accept what the Ins. Co. offers as settlement and he sues in court etc., anything he is awarded above and beyond your policy limits will then be your responsibility to pay personally.

Stand by for more advice from others!
 

ngannguyen99

Junior Member
I was 16 at the time, living on my own, I didn't even know that I needed to. I got the car back, and called insurance and figured that was it. I can see now that it was a big mistake not to report it.
 

ngannguyen99

Junior Member
The person that he hit is suing for damages. If the amount they request is higher than what my insurance will cover, what options do I have to pay for it. Are there loans, or anything. I'm 19, in college, I don't have anything to give them.
 

moburkes

Senior Member
What are your options if you didn't have enough insurance? To be sued for the rest of their damages. If you don't have the money to pay, they will try to garnish your wages, take whatever assets you have (to be liquidated) like your car, etc. You're responsible, after all, even if you are broke. This could also end up on your credit report.
 

seniorjudge

Senior Member
ngannguyen99 said:
The person that he hit is suing for damages. If the amount they request is higher than what my insurance will cover, what options do I have to pay for it. Are there loans, or anything. I'm 19, in college, I don't have anything to give them.
Co-operate fully with your insurance company.

Then, after all this is done, don't expect them to ever insure you again.

Also expect your car insurance to go sky-high (at least for awhile).



Have you asked the cops about filing stealing charges?
 
S

shell007

Guest
I know you are in a panic right now, but try to calm down. If you had active insurance at the time of the accident, your insurance company will handle it.

I do not believe that you can go back in time to try and cover your tracks.

I'm not sure about your last question, but someone will interject.
 

seniorjudge

Senior Member
ngannguyen99 said:
Can I file a report after two years?
I don't know what the statute of limitations is in your state for such a thing.

The least you could do is go down to the cop shop and ask about it.
 

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