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California: Car accident while insurance lapsed and owners file bankruptcy

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CaliforniaLife

Junior Member
What is the name of your state (only U.S. law)? CA

I am currently a college student. The accident happened a year ago on the week of my birthday. I had the car for a month to drive to my off-campus class. My parents said the car was covered and I didn't need to worry about it. On the week of my birthday a guy was speeding down the street next to my school. There is a center divider with a uncut bush, at the time, that obscured my ability to see him. Long story short, I made a left hand yield turn, when I didn't see the car coming, and was hit. It totaled my car. His truck, according to the police officer, was barely damaged. He hit me in such a way where only the side of his big truck hit the passengers side door and threw my car. I could go into more detail if you guys want. Basically, I didn't have any time to fight it given that my only car was totaled and it was during final exams. Almost a year later my parents get a letter saying the insurance company is claiming over 13k in damages done to the truck! I don't believe it. Nevertheless, they are claiming it. During the week that I drove the car, apparently the insurance payment didn't go through and something wrong happened where the insurance lapsed. They handled the insurance. Not me. I wouldn't have let something like that happen. The car is in their name. The previous insurance is in their name. They are filing bankruptcy themselves (its a long story about my mom getting into a accident on the freeway and needing back surgery. The bills were crazy and she doesn't work.) Now the insurance's collections agency is coming after me. My mom and her fiancee both are filing paperwork for bankruptcy with this 13k accident damage on it.

Now the question: Am I liable for the damages on the car when the car doesn't belong to me, it is not in my name, the insurance (or the previous insurance) wasn't handled or in my name?

I really don't think this is fair. Before I was given the car I constantly persisted on whether I was covered driving it. I didn't want that liability for damages and not being insured. I'm a responsible person. The way I hope it works out is that since the car was in their name and the insurance that was suppose to be on the car was under her fiancee's name, the liability is on them.

If I need a lawyer to fight this, let me know what kind I would need and what I would need to do. Thanks!
 


FlyingRon

Senior Member
Is it fair that some poor guy got $13,000 damage to his car because some kid ran into him? Yes, body work runs up fast. Yep, you are liable. You were driving, it was incumbent on you to determine you had sufficient financial responsibility. Who do you want to be responsible? The insurance company who didn't get paid their premium? The guy you clobbered?
 

CaliforniaLife

Junior Member
Is it fair that some poor guy got $13,000 damage to his car because some kid ran into him? Yes, body work runs up fast. Yep, you are liable. You were driving, it was incumbent on you to determine you had sufficient financial responsibility. Who do you want to be responsible? The insurance company who didn't get paid their premium? The guy you clobbered?
Like I said, the guy was speeding. It isn't likely that a truck can TOTAL a Thunderbird without speeding. His truck literally threw my enough to spin around him! The insurance also didn't push the claim until almost a year later! The cop also said there wasn't much damage done to his car. Fishy? Yes. The owners of the car are the ones who should be responsible.

I think you misread me. The truck ran into me!
 

Zigner

Senior Member, Non-Attorney
What is it with accepting responsibility now-a-days?

From the get-go, this kid wanted to "fight it"... :rolleyes::rolleyes:
 

Zigner

Senior Member, Non-Attorney
Like I said, the guy was speeding.
Says YOU.
It isn't likely that a truck can TOTAL a Thunderbird without speeding.
A '74 Pinto could total a Thunderbird without speeding.
His truck literally threw my enough to spin around him!
Yes, that happens in accidents
The insurance also didn't push the claim until almost a year later!
Well within the allowed time frame.
The cop also said there wasn't much damage done to his car. Fishy? Yes.
My wife was in an accident in which two other vehicles were totaled (she was not at fault)...the only damage I could find to our truck after 30 minutes of searching was a SCUFF on the rubber trim on the bumper.
The owners of the car are the ones who should be responsible.
No, you are wrong...the DRIVER is responsible
I think you misread me. The truck ran into me!
We didn't misread. You made an unsafe left turn in front of an oncoming vehicle, causing him to strike you...we understand perfectly :rolleyes:
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? CA

I am currently a college student. The accident happened a year ago on the week of my birthday. I had the car for a month to drive to my off-campus class. My parents said the car was covered and I didn't need to worry about it. On the week of my birthday a guy was speeding down the street next to my school. There is a center divider with a uncut bush, at the time, that obscured my ability to see him. Long story short, I made a left hand yield turn, when I didn't see the car coming, and was hit. It totaled my car. His truck, according to the police officer, was barely damaged. He hit me in such a way where only the side of his big truck hit the passengers side door and threw my car. I could go into more detail if you guys want. Basically, I didn't have any time to fight it given that my only car was totaled and it was during final exams. Almost a year later my parents get a letter saying the insurance company is claiming over 13k in damages done to the truck! I don't believe it. Nevertheless, they are claiming it. During the week that I drove the car, apparently the insurance payment didn't go through and something wrong happened where the insurance lapsed. They handled the insurance. Not me. I wouldn't have let something like that happen. The car is in their name. The previous insurance is in their name. They are filing bankruptcy themselves (its a long story about my mom getting into a accident on the freeway and needing back surgery. The bills were crazy and she doesn't work.) Now the insurance's collections agency is coming after me. My mom and her fiancee both are filing paperwork for bankruptcy with this 13k accident damage on it.

Now the question: Am I liable for the damages on the car when the car doesn't belong to me, it is not in my name, the insurance (or the previous insurance) wasn't handled or in my name?

I really don't think this is fair. Before I was given the car I constantly persisted on whether I was covered driving it. I didn't want that liability for damages and not being insured. I'm a responsible person. The way I hope it works out is that since the car was in their name and the insurance that was suppose to be on the car was under her fiancee's name, the liability is on them.

If I need a lawyer to fight this, let me know what kind I would need and what I would need to do. Thanks!
Like I said, the guy was speeding. It isn't likely that a truck can TOTAL a Thunderbird without speeding. His truck literally threw my enough to spin around him! The insurance also didn't push the claim until almost a year later! The cop also said there wasn't much damage done to his car. Fishy? Yes. The owners of the car are the ones who should be responsible.

I think you misread me. The truck ran into me!
Quoted for posterity...
 

ecmst12

Senior Member
You caused the accident, of course you're liable for it.

It is impossible for your car to be totalled without damaging the other car at all. They can't claim repair costs they didn't incur, so they couldn't just be making up a number. You have a legitimate beef with your parents but since they're bankrupt, it wont get you very much. But ultimately, you got behind the wheel, so you are responsible for everything that happened after that.
 

CaliforniaLife

Junior Member
You caused the accident, of course you're liable for it.

It is impossible for your car to be totalled without damaging the other car at all. They can't claim repair costs they didn't incur, so they couldn't just be making up a number. You have a legitimate beef with your parents but since they're bankrupt, it wont get you very much. But ultimately, you got behind the wheel, so you are responsible for everything that happened after that.
Of course their car was damaged. But 14k is not possible. I know the cop would confer with me. Imma get a copy of the police report.
 

Zigner

Senior Member, Non-Attorney
Loaned car accident liabilty - Who is responsible?

"However, even if you gave the other person permission, some state laws may not protect you from another driver's negligence with your car"
- Owner is responsible


Maybe California works this way.
The owner MAY ALSO BE responsible. However, there is NOTHING that prevents the other party from seeking compensation from ANY or ALL responsible parties. That means YOU!
 

Zigner

Senior Member, Non-Attorney
Of course their car was damaged. But 14k is not possible. I know the cop would confer with me. Imma get a copy of the police report.
Ahhhh, now you're a professional insurance adjuster? Or, do you run a body shop on the side maybe?

What EXPERT proof do you have to refute the $14k?
 

ecmst12

Senior Member
You don't understand. The police report is NOT evidence of dollar amount of damages. I have NEVER seen a police report that had a "damage estimate" that was even in the same city with the actual figure, let alone ballpark. The evidence of damage is the estimate/receipt of what repairs were performed, along with the cancelled check that his insurance company paid out for it. Once you see that, you will see how easy it is to reach that figure. It must have been a fairly new truck or it would have been totalled as well.

The owners of course would also be liable but the bankruptcy protects them, from you as well as from the people whose car you wrecked.
 

cyjeff

Senior Member
Maybe the frame on the truck was bent.

Wouldn't have been apparent at the time you jumped into his lane, but would be VERY expensive.
 

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