Borrowed car hit and ran me in Texas

[Hitandrunaround]

What is the name of your state? Texas

Here's my situation: I was sitting at a stoplight and was hit from behind by a Ford Expedition ($8000 damage to my brand new car I had for 7 days). A guy got out of the passenger's side, looked at the damage and basically told the driver to take off. I got his license (as did the lady driving the car he pushed me into) and we both filed separate "leaving the scene" accident reports.

My insurance company located the owners of the vehicle (and man and his wife) and natually, we're getting the run around from them. He first claimed he had no idea the car was in an accident, then he said he knew about it but he had loaned the car to his friend that day. Neither he nor his friend have been forthcoming with insurance information so I can file a claim. After 2 weeks the police have not gotten around to doing anything either.

My question is, in Texas, is the owner of the car liable for a hit and run accident using his vehicle even if he loaned it to a friend as he claims? I'm planning on going after the registered owners either way.

I, of course, don't believe his story about loaning the car in the first place. There is no way to tell exactly who was driving because they left the scene of the accident. The other witness said it was a female driving the SUV. The car, however, was identified by the two victims/witnesses.

Any thoughts?

 

[moburkes]

What is the name of your state? Texas

Here's my situation: I was sitting at a stoplight and was hit from behind by a Ford Expedition ($8000 damage to my brand new car I had for 7 days). A guy got out of the passenger's side, looked at the damage and basically told the driver to take off. I got his license (as did the lady driving the car he pushed me into) and we both filed separate "leaving the scene" accident reports.

My insurance company located the owners of the vehicle (and man and his wife) and natually, we're getting the run around from them. He first claimed he had no idea the car was in an accident, then he said he knew about it but he had loaned the car to his friend that day. Neither he nor his friend have been forthcoming with insurance information so I can file a claim. After 2 weeks the police have not gotten around to doing anything either.

My question is, in Texas, is the owner of the car liable for a hit and run accident using his vehicle even if he loaned it to a friend as he claims? I'm planning on going after the registered owners either way.

I, of course, don't believe his story about loaning the car in the first place. There is no way to tell exactly who was driving because they left the scene of the accident. The other witness said it was a female driving the SUV. The car, however, was identified by the two victims/witnesses.

Any thoughts?

You will file the claim with the owner's insurance company. I sure hope you had gap insurance, if your vehicle had a loan on it, because the other party is only responsible for actual cash value. Yes, the owner of the vehicle is liable. The police are not "supposed" to do anything, except take the police report, and hadnle the hit and run situation, which has nothing to do with your claim.

 

[Hitandrunaround]

<Yes, the owner of the vehicle is liable. >

Thanks for the reply, that's what I was concerned about.

What I expect of the police is to track the guy down, cite him for leaving the scene (a class B misdemeanor in Texas). Then ask him for his insurance information, and cite him for that if he can't produce it. Knowing whether or not the guy has insurance would clarify the situation considerably right now. (My uninsured motorist coverage is picking up the tap at the moment)

 

[moburkes]

<Yes, the owner of the vehicle is liable. >

Thanks for the reply, that's what I was concerned about.

What I expect of the police is to track the guy down, cite him for leaving the scene (a class B misdemeanor in Texas). Then ask him for his insurance information, and cite him for that if he can't produce it. Knowing whether or not the guy has insurance would clarify the situation considerably right now. (My uninsured motorist coverage is picking up the tap at the moment)

But YOUR insurance company will handle getting reimbursed if he does or doesn't have insurance. You, right now, should just be concerned with getting your damage/injuries taken care of.

 

[rmet4nzkx]

You have filed a claim with your insurance company, they have the name of the registered owner of the vehicle, they have their ways of finding out who the registered owner of the vehicle is. You and the other driver made your reports. If you feel the need, call the police department and check if and or when they will cite for leaving the sceen. There is not much else you can do for now.

 

[Hitandrunaround]

Update

A friend of mine who owns a collection business pulled off what my insurance company and the local police couldn't do in 2 weeks, and got the insurance information from the owners of the vehicle that hit me and took off. Claim has been filed!

Sometimes you've got to be proactive to get results.

 

[Hitandrunaround]

The Story Gets Interesting Again

The latest: This is getting interesting again.

The owners of the car that hit me are still claiming that their mechanic was driving the car at the time of the hit and run. The owners are insured through FARMER'S INSURANCE and the Farmer's adjusters are trying to give me the runaround now (big surprise, Farmer's is a horrible company in my experience).

Farmer's is telling me that they're investigating and if the mechanic was driving AND he was using the car in an inappropriate manner (using it for his own puposes) then they will deny the claim and I will have to go after the mechanic and hope he's insured. I told them that if the mechanic was driving (which is most likely a BS story in the first place) then that's not my problem. I'm filing my claim against the car that hit me. If they loaned it to someone that they they will have to go after him to get restitution. NOT MY PROBLEM.

The fact that the owners are claiming that the mechanic was driving yet have made no effort to prove that it's the case makes me wonder (seems like a few receipts and a credit card slip would go a long way in backing up their story). But that's for the cops and Farmer's to worry about. My thoughts are, they own the car, it was NOT stolen, it hit me and ran, I have witnesses, their insurance has to make good, end of story.

I have been told by the FWPD, my insurance agent, and another friend who's in the business that I'm being fed a bunch of crap by Farmers.

Another thing is I don't see why Farmer's and the police are so obsessed with following the story that the mechanic was driving when it sure sounds like BS. The hit and run drivers are getting the benefit of several doubts while the victim is sitting without his car for 3 weeks and has to pay $1000 and for a rental car to get it back.

Believe me, I'm FAR from done with Farmer's insurance on this matter.

Any input would be appreciated.

 

[moburkes]

The latest: This is getting interesting again.

The owners of the car that hit me are still claiming that their mechanic was driving the car at the time of the hit and run. The owners are insured through FARMER'S INSURANCE and the Farmer's adjusters are trying to give me the runaround now (big surprise, Farmer's is a horrible company in my experience).

Farmer's is telling me that they're investigating and if the mechanic was driving AND he was using the car in an inappropriate manner (using it for his own puposes) then they will deny the claim and I will have to go after the mechanic and hope he's insured. I told them that if the mechanic was driving (which is most likely a BS story in the first place) then that's not my problem. I'm filing my claim against the car that hit me. If they loaned it to someone that they they will have to go after him to get restitution. NOT MY PROBLEM.

The fact that the owners are claiming that the mechanic was driving yet have made no effort to prove that it's the case makes me wonder (seems like a few receipts and a credit card slip would go a long way in backing up their story). But that's for the cops and Farmer's to worry about. My thoughts are, they own the car, it was NOT stolen, it hit me and ran, I have witnesses, their insurance has to make good, end of story.

I have been told by the FWPD, my insurance agent, and another friend who's in the business that I'm being fed a bunch of crap by Farmers.

Another thing is I don't see why Farmer's and the police are so obsessed with following the story that the mechanic was driving when it sure sounds like BS. The hit and run drivers are getting the benefit of several doubts while the victim is sitting without his car for 3 weeks and has to pay $1000 and for a rental car to get it back.

Believe me, I'm FAR from done with Farmer's insurance on this matter.

Any input would be appreciated.

Believe me, the owners of the vehicle want the insurance company to pay as well, otherwise they will have to pay. But the insurance company is not responsible, the driver and the owners are. If you have collision insurance, file the claim with your insurance company, and pay your deductible, so that while all this is going on, YOUR vehicle is driveable.

 

[attnysteve]

If a mechanic was using the car at the time of the accident, you may be in a better position.

Most mechanic shops with any savy have a garage policy covering the vehicles in thier posession (including cars they are working on). Even if they didn't, if the mechanic was in the course and scope of his employment at the time of the accident, his employer is responsible for any negligent acts he commits.

You could have a primary claim against the mechanic's shop, with a potential secondary claim against the owners.

*DISCLAIMER*
I am a Texas lawyer and can only advise you as to Texas law. You should always contact an local attorney in your area to discuss the particular facts ofyour specific case.

 

[neandrthal]

I'm not an attorney but I would contact 1 first to see what my options were and I would surely want the name of the repair shop to see verification of of paperwork from the vehicle being "in the shop". Most lagitimate repair shops keep a time of drop off for billing purposes also. If none can be provided sounds like small claims " Texas Justice " to me if value is low enough. If you have been injured definately retain an attorney! Sometimes it's best to do your own inestigating to get things done.
My wife almost had that problem, lives in the area but the at-faults vehicle was damaged to much to get away. Hope this helps and good luck and best wishes.

 

[Hitandrunaround]

I wish I could stop saying this, but it gets better.

I talked to Farmer's Insurance today and they told me that the mechanic is a "shade tree" mechanic, not affiliated with any shop. He's a friend of a friend, who this guy says he loaned his car to so he could work on it.

I'm thinking that this puts the owner's insurance (Farmer's) firmly back on the hook because the car is insured, not the driver (even says so right on Farmer's website) and they loaned it to this guy. He is basically someone who was operating the vehicle with the owner's permission which makes the owners liable. Am I right or wrong on this?

In other news I found out that State Farm will go after Farmer's (or whoever is found to be liable) for the cost of the repairs and my deductible. I, on the other hand, have to personally deal with getting the cost of the rental car reimbursed ($800 plus) and any diminished value I claim. So sitting back and letting my insurance company handle it all just went out the window.

My advice to people now is (and I'm not even being facetious) if you're insured and someone hits you and runs, let him go, just smile and wave goodbye! Let your uninsured motorist coverage handle it. If I had done that it would have cost me $250 and I'd be done. As of now I'm out of pocket almost $2000, my car new car isn't new anymore, and I've spent the last 3 weeks dealing with the police, insurance and the other parties. And it isn't over yet.

All I was doing was sitting at a traffic light on a nice sunny day, enjoying my brand new car.

 

[neandrthal]

You have a lagitimate suit against the vehicle owners for small claims (sounds like they lied to their own insurance company).....get em!!!!!

 

[Happy Trails]

You have a lagitimate suit against the vehicle owners for small claims (sounds like they lied to their own insurance company).....get em!!!!!

Texas small claims court limit is $5000.