accident

[RBISME]

My sisters boyfriend recently had a rearend collision in which her new Toyota truck was damaged. The other car was not. My sister had full coverage on her vehicle, which is necessary to have when financing it in California, yet her insurance adjuster recently told her the truck will not be covered because her boyfriend was not on her policy. She doesn't know what to do now. Does she have any alternatives?

 

[I AM ALWAYS LIABLE]

My response:

Was the boyfriend the "at fault" driver; i.e., did he rear-end another vehicle, or was the boyfriend the one who was rear-ended ?

IAAL

 

[RBISME]

reply

It was her boyfriends fault.

 

[I AM ALWAYS LIABLE]

My response:

Okay, then the truth of the matter is that she DIDN'T have "full coverage" - - she did, in fact, have EXCLUSIONS on her policy, one of which was "other drivers."

Speaking only about the auto damages, and not her liability to the rear-ended party, she has 4 alternatives - -

1. Fix and pay for the damages to her truck herself.

2. Have the boyfriend pay for the damages.

3. Sue the boyfriend for the damages, or,

4. Forget about it, and leave the truck in its damaged condition.

If the other party makes any sort of claim, whether for property damages and / or personal injuries, then she's got bigger problems ahead.

If the boyfriend had his own policy of insurance, then a claim could be made against that policy for her damages. If the other party was damaged, then they can make a claim against that policy also. If there was no policy with the boyfriend, the other party can also make a claim under their "Uninsured Motorist Coverage" and, after their insurance company pays them, their insurance company will go after him and your sister for reimbursement.

IAAL

 

[RBISME]

one more question

If someone drives your vehicle occasionally, like say for instance, your boyfriend uses it once because his vehicle is in the shop, why would it be necessary to put him on the policy, and pay the extra premium? Dont insurance companies take matters like this into account, that life does have certain circumstances that cannot be predicted? What if someone had taken it for a joyride, not as in theft, and the same thing happened. Would the insurance company consider that their liability? I dont understand the insurance companies, they take money every month from hard working people, yet they dont want to put out a dime or even consider special circumstances.

 

[I AM ALWAYS LIABLE]

My response:

"Special Circumstances" don't count.

What counts is the Policy Provisions and the Declaration Sheet that tells your sister about the policy, and informs her what is, and is not, covered. "Other Drivers" (or, sometimes referred to as "Permissive Users") are excluded from her policy. If she wanted to "Include" other drivers, then more money for the policy would have been charged.

Your sister obviously knew the policy provisions of her own policy, because she read the policy either at the time she bought it, or sometime thereafter. Whether or not she EVER read the policy, the law says that she is imbued with the knowledge of the contract provisions, and has agreed to them when she made the purchase of the insurance.

She signed the insurance contract, and got what she paid for. In this instance, it's not the insurance company's fault. The fault lies with your sister for allowing another person to drive her vehicle when she knew, or should and could have known, that "other drivers" were excluded.

IAAL

 

[RBISME]

last one..then I'm out!!

In my opinion, insurance companies need to modify and simplify their policies, in order to serve the public better. Maybe there wouldn't be so many people trying to scam companies, if they had less "read the fine print" and "exclusions" in their policies. I for one, have never had an insurance agent read and explain every part of a policy to me, seeing this happen to my sister, I plan on having it done now. Thanks....

 

[I AM ALWAYS LIABLE]

Re: last one..then I'm out!!

I for one, have never had an insurance agent read and explain every part of a policy to me, seeing this happen to my sister, I plan on having it done now. Thanks....

My response:

Insurance agents don't read policies and Declaration Sheets to policy holders. Policy holders are expected, by law, to read their own contracts, policies and declaration sheets. Agents will answer specific questions, but they are not going to read an entire policy to a customer.

Like I said, it's not the insurance company's responsibility. The law of California places the responsibility of reading, and understanding, on those who purchase the policies.

It's the old adage, ignorance of law - - as well as contract provisions and conditions - - is not an excuse or a defense.

IAAL