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Daughter in car accident, not our car, no insurance

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sinsinn

Junior Member
What is the name of your state? Illinois

My niece asked my 17 yr. old (only had her license for less than 1 month) daughter to take her to the mall using my niece's boyfriends car to shop for his birthday. As they were coming to a red light, she went to stop and the breaks jammed on her and she rear-ended the truck in front of her. The police were called to make a report and when they asked for the insurance my niece gave them the insurance card in the glove compartment that had expired in April of this year. There was no damage to the other car, from what my daughter says. She was given a ticket that reads "No proof of insurance" and they took her license. She said the police officer told her that to show up to court with proof of insurance and she would get her license back. The copy of the police report on the accident was given to my niece's boyfriend and I never even saw it.

My questions:
1. Is it that easy? If my daughter shows up to court with proof of insurance on the car she was driving, will she get her license back?

2. What happens with the accident? If the person decides to sue, will they sue my daughter or the owner of the vehicle? She is covered under our insurance (full coverage) by Statefarm.

3. Does the owner of the car have to come to court with us?

4. How will we know if the person is going to sue? Will our insurance protect her?

Any information would be greatly appreciated! I am debating if we will need to hire a lawyer.

Thank you all!
 


moburkes

Senior Member
1. Is it that easy? If my daughter shows up to court with proof of insurance on the car she was driving, will she get her license back?
It's never THAT easy. She needs to show proof that the vehicle that she was driving was insured at the time of the accident. However, it does not hurt if she is able to prove that the vehicle is currently insured. The driver is responsible for making sure that the vehicle they are driving has insurance and is property registered, and is is good condition to be driving it on the road.

2. What happens with the accident? If the person decides to sue, will they sue my daughter or the owner of the vehicle? She is covered under our insurance (full coverage) by Statefarm.
If they sue, they will probably sue both the owner of the vehicle and the driver of the vehicel. Your State Farm insurance won't help. It only pays excess liability once the insurance that is on the vehicle has paid up to its limits. If there is no insurance on the vehicle, then State Farm does not kick in. The collision coverage that you have on your policy only fixes the vehicles that are specifically listed with collision coverage (which means-only your cars are covered by collision).

3. Does the owner of the car have to come to court with us?
Not for the ticket.

4. How will we know if the person is going to sue? Will our insurance protect her?
Ask them. Or you will receive paperwork in the mail. See above for the answer to the 2nd question.
 

ecmst12

Senior Member
It wouldn't hurt to have your daughter bring proof that SHE had insurance at the time to court with her as well.

And from what my own insurance company has told me, if the car she was driving wasn't insured by the owner, her coverage SHOULD protect her, under liability and collision coverage if she has it. Talk to your agent to find out for sure. I know my policy covers me as an occasional driver of other cars with the same coverage I have on my own, secondary to the owner's coverage, and still covers me the same way if the owner does not have insurance.
 
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sinsinn

Junior Member
Thanks so much for the responses.

I believe our coverage is that we are all covered for any car we drive but I have a call in to the insurance now.

The vehicle did not have insurance at the time of the ticket so we will go to court with the car covered now but I don't know how much good that will do.

The ticket has no mention of the accident, just the no proof of insurance, does that mean the court date will only consist of dealing with the insurance issue and nothing about the accident?

Thanks again!
 

ecmst12

Senior Member
She didn't get a ticket for the accident, only for the insurance issue right? So that is all that the court will address. If she can prove that SHE had insurance at the time of the accident, the judge *may* dismiss the ticket.
 

tbud333

Member
The daughter should not have to produce insurance on a car she does not own. That is the responsibility of the registered owner. So the owner had no insurance, now she has no license?
The car should have been impounded, let the owner show proof of insurance to get it legally on the road again.
And next time you take someone elses car, make sure it has valid registration and valid insurance.
 

moburkes

Senior Member
tbud333 said:
The daughter should not have to produce insurance on a car she does not own. That is the responsibility of the registered owner. So the owner had no insurance, now she has no license?
The car should have been impounded, let the owner show proof of insurance to get it legally on the road again.
And next time you take someone elses car, make sure it has valid registration and valid insurance.
They don't impound your car for not having proof of insurance. Maybe no proof of registration....
 

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