Car insurance question??

[jmdt]

My son was in a little fender bender. There were 2 lanes turning right..he was in the left of the 2 lanes. The light turned green and they all started to make their turns. Some guy in the right of the 2 lanes made his turn too wide and went into my sons lane hitting him on the right rear quarter panel and the rear passenger door.

Now for the question... The owner of the car DOES NOT have insurance.. but the guy who was driving has his own car insurance..Geico. We filed a claim with Geico for the damage because that is the insurance the driver gave to the policeman. They are estimating that my son is 20% responsible for the accident and the guy is 80% responsible.

How could this guy's car insurance co (Geico) pay for the damage he did to my sons car when he was driving SOMEONE elses car???

We didn't put it through our insurance because we have a $500 deductible and I don't want our car insurance to go up.

[yorkietalkjilly]

I believe my insurance policy covers the damage I do when I am operating a vehicle for driving to work or pleasure, some such wording. I think if I borrowed a friend's car and wrecked it during such covered driving, the damage my driving caused would be covered. I would say if he has a policy like mine, his driving damage should be covered. Of course, terms such as "damage" and such are defined by the policy.

[KazzyK810]

My personal auto insurance covers me whether I'm driving my own vehicles or any one else's vehicles.

[dawn27]

Mine too....I have full coverage so mine covers me regardless of who's vehicle I am driving. I'm sure each policy and company is different.

[gidgetsmom]

Car insurance depends on state specifics. It is normally the insurance on the car that was in the accident would be the primary but since there isn't any insurance on the car, the drivers insurance will take over as primary. In the case of there being insurance on that car, that insurance would be primary and the driver's insurance would be secondary picking up any excess that the primary didn't cover.

[LoALAnna]

My question is-Why was your son considered 20% at fault, when the OTHER guy hit HIM? Just for being there?

[jmdt]

I know it pisses me off. We are filing a claim with his insurance co and they charge MY son with 20% liability. I don't understand it. Honestly I just wanted to put in a claim because I wanted HIS insurance to go up!!!

I don't think we are going to let my son sign the paperwork assuming the 20% liability because if this idiot decides he wants to get his car fixed or wants to sue my son for any "injury" my son will be 20% liable for his expenses.

I really don't know what we are going to do. I think we will just let it go.

[Ringo1]

Originally Posted by jmdt

I know it pisses me off. We are filing a claim with his insurance co and they charge MY son with 20% liability. I don't understand it. Honestly I just wanted to put in a claim because I wanted HIS insurance to go up!!!

I don't think we are going to let my son sign the paperwork assuming the 20% liability because if this idiot decides he wants to get his car fixed or wants to sue my son for any "injury" my son will be 20% liable for his expenses.

I really don't know what we are going to do. I think we will just let it go.

What is their theory of liability on your son? They can't just pick 20% out of the air without a reason why.

What does the police report say? Ask for a copy. Ask them what investigation they have done that rendered their decision. Ask for photos of both vehicles. Ask for the contact information for the Insurance Commissioner in your state. That will get them on their toes.

[jmdt]

I got a letter today that says..

Both the driver of your vehicle and the driver of our made a right hand turn into the same lane.(yeah my sons lane!!) We do agree that our insured holds the majority of the liability due to the fact that the driver of your vehicle was ahead of the driver of our vehicle, however the driver of your vehicle holds a certain degree of negligence for not maintaining proper look out (what ever that means) and the comparative laws apply We are therefore prepared to offer you 80% of the damages sustained to your vehicle.

I am looking for a google street view to show you where the accident happened

[Ringo1]

Originally Posted by jmdt

I got a letter today that says..

Both the driver of your vehicle and the driver of our made a right hand turn into the same lane.(yeah my sons lane!!) We do agree that our insured holds the majority of the liability due to the fact that the driver of your vehicle was ahead of the driver of our vehicle, however the driver of your vehicle holds a certain degree of negligence for not maintaining proper look out (what ever that means) and the comparative laws apply We are therefore prepared to offer you 80% of the damages sustained to your vehicle.

I am looking for a google street view to show you where the accident happened

I would not go for that. The point of impact shows that your son was well established in the lane of travel. How can you look out for someone that's going to hit you near the rear of your car?

Unless your son had just moved into that lane or something.

I would argue that - what have you got to lose? Sometimes the squeaky wheel gets the grease . . .

What does the police report say?

[sbgooljar]

Originally Posted by jmdt

My son was in a little fender bender. There were 2 lanes turning right..he was in the left of the 2 lanes. The light turned green and they all started to make their turns. Some guy in the right of the 2 lanes made his turn too wide and went into my sons lane hitting him on the right rear quarter panel and the rear passenger door.

Now for the question... The owner of the car DOES NOT have insurance.. but the guy who was driving has his own car insurance..Geico. We filed a claim with Geico for the damage because that is the insurance the driver gave to the policeman. They are estimating that my son is 20% responsible for the accident and the guy is 80% responsible.

How could this guy's car insurance co (Geico) pay for the damage he did to my sons car when he was driving SOMEONE elses car???

We didn't put it through our insurance because we have a $500 deductible and I don't want our car insurance to go up.

In NYS it is against the law for a vehicle to be operated without insurance. Does the same apply in your state? You may want to check with the police department as well.