Car totalled...help!!

[Archea]

Ok. so sunday night, my boyfriend was driving my car with my permission.
He had several drinks and decided that it would be best if his friend (who had 2 beers over a period of 5 hours) would drive.

Said "friend" took a corner in a residential area at a totally unreasonable speed and hit a car that had just pulled up to a house. (he took the corner at 120 and hit the parked car at about 80) My bf and the other occupant of my car were yelling at him to slow down, and he didnt.

So suffice to say. The car is totalled...and so it the other vehicle.

There were two occupants in the other vehicle.

Now my problem, is it goes under my insurance because it was my policy and the car is mine.

I had no idea that the vehicle was not being driven by my bf (the registered secondary driver) The driver at the time has parked insurance on his vehicle and a valid drivers licence. (although obviously he isnt too smart) The police gave the driver a 24 hour suspension and a 400$ reckless driving ticket.

I had full coverage on my car as it is an 03 being financed with about 20k still owing on it.

Has anyone been in this situation before who can shed some light on what needs to be done? My insurance company is putting 100% fault on me for "allowing" this jackass to drive. Is there a clause anywhere saying its 50/50?

[01RedDX]

.

[Archea]

Ok. So it isnt totally hopeless. That makes my day a little better.

I will post up pictures tonight of my car....It makes me cry.

[JRSC00LUDE]

I'd assume, given the details you've presented, that it's time to "lawyer up" against your insurance company and ye old douchebag driver. Also, kick your boyfriend firmly (but lovingly) in the balls and tell him if he ever fucks you over like that again that you'll be cutting them off and keeping them in a jar of formaldehyde on your desk at work.

[benyl]

your "friend" should do the right thing and have "his" insurance cover it.

[Hash_man]

Ya I would definately contact a lawyer, the driver of the car should be covering it.

[Masked Bandit]

To the OP....

Sorry, but your phucked.


Your policy (and only your policy) will respond. Technically, the person driving was authorized (by a listed driver on the policy) so in the end it's the same as if you were driving yourself. The claim will be paid by your policy. His insurance can not come into play.

There is a way (down the road) to get this claim off your record but it's somewhat complicated. It's basically yours.

Don't bother with a "lawyer". There isn't anything they can do in this situation. He was legally allowed to be driving the car and that's all there is to it.

Sorry.

[Jlude]

Originally posted by JRSC00LUDE
I'd assume, given the details you've presented, that it's time to "lawyer up" against your insurance company and ye old douchebag driver. Also, kick your boyfriend firmly (but lovingly) in the balls and tell him if he ever fucks you over like that again that you'll be cutting them off and keeping them in a jar of formaldehyde on your desk at work.

Originally posted by Hash_man
Ya I would definately contact a lawyer, the driver of the car should be covering it.

Def. get yourself a lawyer... even if "friend" does the right thing, you need to cover yourself.

[ralliart_girl]

OK...so all I can really tell you is that you are pretty much screwed with being at fault for the mva. Doesn't matter that you didn't give direct ok to this person to drive, because you bf had consent from you to be in possession of this veh, and he gave consent to his friend to drive.

If your insurance company isn't covering the damages, then your next step may to be through the courts, and to go after the driver directly. Besides that, the insurance company's obligation is just to cover th other veh, and then they will be done.

[403Gemini]

Originally posted by Archea
Ok. so sunday night, my boyfriend was driving my car with my permission.
He had several drinks and decided that it would be best if his friend (who had 2 beers over a period of 5 hours) would drive.

Said "friend" took a corner in a residential area at a totally unreasonable speed and hit a car that had just pulled up to a house. (he took the corner at 120 and hit the parked car at about 80) My bf and the other occupant of my car were yelling at him to slow down, and he didnt.

So suffice to say. The car is totalled...and so it the other vehicle.

There were two occupants in the other vehicle.

Now my problem, is it goes under my insurance because it was my policy and the car is mine.

I had no idea that the vehicle was not being driven by my bf (the registered secondary driver) The driver at the time has parked insurance on his vehicle and a valid drivers licence. (although obviously he isnt too smart) The police gave the driver a 24 hour suspension and a 400$ reckless driving ticket.

I had full coverage on my car as it is an 03 being financed with about 20k still owing on it.

Has anyone been in this situation before who can shed some light on what needs to be done? My insurance company is putting 100% fault on me for "allowing" this jackass to drive. Is there a clause anywhere saying its 50/50?

Your boyfriend has permission to drive so he handed the keys over to his buddy - implied consent

You are 100% at fault as it was the responsibility of people in possesion of your vehicle to drive responsibly.

There is no "clause" foe 50/50, and you're pretty cold hearted to pawn off 50% of the blame to innocent people because your boyfriend cant control his drinking habbits.

[Archea]

the police didnt even take his policy at the scene...

and as for the boyfriend comment.....he owes me...friggen huge.

as for people saying "lawyer up" does anyone know of a good lawyer for cases such as these? I am a pt student...so income is a bit of an issue. And I make too much to qualify for legal aid??


Also does anyone know what would happen to the financing in this case? ie is the full amount owing on the loan paid in full by the insurance company? Or only the value of the vehicle...

[icecreamvan]

Your bf should be held responsible because he gave his friend permission to drive without asking you first. Sorry to hear that he's a douche. Want to talk about it over coffee?

[403Gemini]

Originally posted by Archea
the police didnt even take his policy at the scene...

and as for the boyfriend comment.....he owes me...friggen huge.

as for people saying "lawyer up" does anyone know of a good lawyer for cases such as these? I am a pt student...so income is a bit of an issue. And I make too much to qualify for legal aid??


Also does anyone know what would happen to the financing in this case? ie is the full amount owing on the loan paid in full by the insurance company? Or only the value of the vehicle...

What the appraiser will do is assess your vehicle and determine an ACV (Actual cash value) of what your year/make/model/condition/mileage of the vehicle would cost in the market today and since you have a lien on the vehicle the insurance company would issue you out a co-payable cheque to both yourself and the company you're financing this through.

Originally posted by icecreamvan
Your bf should be held responsible because he gave his friend permission to drive without asking you first. Sorry to hear that he's a douche. Want to talk about it over coffee?

... well played

[98type_r]

if you're a student at UofC i thought i remember from back in my day that they have some legal aid from the law faculty for students.

[PSIx20]

Hey Archea.. just go on msn with a lawyer on beyond and im sure after "talking" to them, they will represent you at no cost... insider

[Antonito]

Originally posted by 403Gemini

There is no "clause" foe 50/50, and you're pretty cold hearted to pawn off 50% of the blame to innocent people because your boyfriend cant control his drinking habbits.

Wait, some assmonkey was driving like a cock and caused an accident, but he's an innocent party?

[Jlude]

Originally posted by PSIx20
Hey Archea.. just go on msn with a lawyer on beyond and im sure after "talking" to them, they will represent you at no cost... insider

J... I have no idea what you're talking about... fill me in

[clem24]

So what has the "jackass/dumbass/friend" offered to do? Pay out of pocket for your losses? Nothing?

[403Gemini]

Originally posted by Antonito


Wait, some assmonkey was driving like a cock and caused an accident, but he's an innocent party?

No, 50/50 would be from her vehicle and the third party (the one that her boyfriends friend hit)

[benyl]

Originally posted by Archea

Also does anyone know what would happen to the financing in this case? ie is the full amount owing on the loan paid in full by the insurance company? Or only the value of the vehicle...

Do you have gap insurance on your policy? If not, then you might have to pay out the loan with your own money if the vehicle is worth less than you owe.

The insurance adjuster will give you a price. It is negotiable. Look in the autotrader and other classified publication to determine how much your car is worth. Base it on the asking price that other people are asking and the relative condition that you car was in before the "mishap."

The insurance company will likely lowball you.