If someone else wrecked your car, what would you expect them to do?

[Reeciecup]

Over the weekend I took my Girl Scout troop camping. My co-leader wanted me to back my van in so that we could unload it easier. I told her that I couldn't back it into that tiny spot, but that she could do it if she wanted. Well apparently she couldn't do it either because she backed it into a tree. She blamed it on my rear view mirror being adjusted for me since I'm short and she's not. But geez, how hard is it to move a stupid mirror?

 

Anyway, she apologized and said she had insurance. Of course I'm pretty sure her insurance isn't going to cover my car. I don't want to file a claim on my own insurance because I just filed two collision claims for dh's truck that my dd wrecked, and I'm afraid they'll either drop our coverage or raise our rates. Our rates are already through the roof because we have an inexperienced driver on there, and in January we'll be adding another one.

 

So last night I saw my co-leader at our meeting, and she didn't mention calling her insurance or paying anything. I don't really know what I should expect. She wouldn't have wrecked it if I would have just backed it myself. so I guess she was doing me a favor. But I know my limits, and I knew I couldn't back into that tiny area and I would have just had the scouts haul their junk from where the van was parked already.

 

What does the hive think?

[elegantlion]

You're right, I would be hesitant to file another claim. What is your deductible? I would probably get an estimate to get it fixed, telling the other person you are going to do so.

 

I would hope she would be willing to cover your deductible at least and the whole expense if it's not much more.

 

She wrecked it, the tree didn't just jump out. She needs to assume some responsibility for that.

[Jpoy85]

I would talk to her about how she wants to handle it.

[QueenCat]

A few thoughts...

 

1) My insurance company requires notification within 24 hours of the incident unless one is hospitalized and can't notify.

 

2) I think it will probably be under your insurance, not hers, because it is your car but that may depend on state law.

 

2) I'd offer to split the cost since she was driving the car as a favor to you.

[Brigitte]

I would ask her for her insurance information. I would also get estimates for the repairs and hand her a copy.

[Cera]

I would ask her for the claim number and a list of her insurance company's preferred repair shops so you can take it in to get it fixed. This implies that she did the right thing and called her insurance company to file a claim.

 

If she gives you the information, great. If not you can give her a deadline you need it by and then if she doesn't get it to you by then file a police report (so you can claim it on your insurance without the responsibility being yours). She crashed the car, she needs to fix her mistake.

[Reeciecup]

She said she would talk to her agent, and she also said she would pay the deductible. But last night, although everyone was talking about my smashed car, she didn't mention speaking to her agent or paying for anything. I don't want her to pay the deductible because I don't want to file a claim. I want her to step up and pay for the damage she caused. But maybe that is unreasonable. I would pay if I had wrecked someone else's car. Maybe she doesn't have the money. I don't know.

 

So far I have just replaced the blinker and taped up the tail light with red tape.

[Remudamom]

First, you shouldn't have let her attempt what you knew was going to be difficult in your van. Second, she should pay for all damages. Stay on it.

[Reeciecup]

2) I'd offer to split the cost since she was driving the car as a favor to you.

 

Even though it was a favor I didn't really want? I didn't want to back the car, she wanted it so it would be easier to unpack. I know my limits and I would have just left the car where it was. She was the one who wanted it turned around.

[besroma]

 

2) I'd offer to split the cost since she was driving the car as a favor to you.

 

 

I read your post as saying she wanted to move the car so that it would be closer. If someone wanted my car closer and I were uncomfortable with that, but they persisted and said that they could back the car into that spot, I would not consider that they were doing me a favor.

 

Was it a favor, or was she insisting that the car needed to be moved and that she would do it?

 

 

I would call her today and ask her what her insurance company said. She said she would call them, so I do not think you would be out of line calling her to see what they said.

 

I think it is a lame excuse to say anything about the rear view mirror (if she was implying some fault on your part). Who expects someone else to adjust the rear view mirror for them before they get in the car?

 

I would not file it on your insurance, as it could cause your insurance company to cancel your policy.

[Reeciecup]

First, you shouldn't have let her attempt what you knew was going to be difficult in your van. Second, she should pay for all damages. Stay on it.

 

You are right, and I won't do it again. But she has much experience driving large vehicles, because she was a EMT. At least that is what she has always told us. I thought she could handle it, even though I knew I couldn't. It never occurred to me that she wouldn't adjust mirrors. I even told her to be sure to adjust the seat because I am shorter than her. I thought a mirror would be a given.

[Mommyof4ks]

Call your agent and explain what happened. They will tell you how to proceed. I would all today, because the more time that passes the less likely any insurance will take care of it. Can you get a signed statement or two from witnesses today saying she did this in case those are needed (she might deny she did it). I would expect her to pay the deductible.

[Remudamom]

Even though it was a favor I didn't really want? I didn't want to back the car, she wanted it so it would be easier to unpack. I know my limits and I would have just left the car where it was. She was the one who wanted it turned around.

 

Learn to say no.

[Reeciecup]

I read your post as saying she wanted to move the car so that it would be closer. If someone wanted my car closer and I were uncomfortable with that, but they persisted and said that they could back the car into that spot, I would not consider that they were doing me a favor.

 

Was it a favor, or was she insisting that the car needed to be moved and that she would do it?

 

 

I would call her today and ask her what her insurance company said. She said she would call them, so I do not think you would be out of line calling her to see what they said.

 

I think it is a lame excuse to say anything about the rear view mirror (if she was implying some fault on your part). Who expects someone else to adjust the rear view mirror for them before they get in the car?

 

I would not file it on your insurance, as it could cause your insurance company to cancel your policy.

 

It was like this.

 

Co-leader "you should back the car in so it'll be easier to unpack"

 

Me "I can't back the car in there, but you can if you want."

 

Co-leader "okay"

 

Me "be sure to adjust the seat"

 

I didn't mention adjusting the mirror.

 

She also has much experience driving ambulances and fire trucks, so that's why I didn't doubt that she could do it, even though I knew I couldn't do it.

[QueenCat]

Even though it was a favor I didn't really want? I didn't want to back the car, she wanted it so it would be easier to unpack. I know my limits and I would have just left the car where it was. She was the one who wanted it turned around.

 

Sorry, I missed the part about you telling her you didn't want to have it moved.

[Reeciecup]

Learn to say no.

 

I learned. :tongue_smilie:

[Paige]

You allowed her to use your car, so some responsibility is yours. I would get an estimate and ask her what she is going to do. If she offers to cover everything or if she offers a reasonable split so you are out less than your deductible, then I'd be happy and let the rest go. If she doesn't pay up once you give her the estimate, then I don't think you have any choice except to go through your insurance company if you don't want to pay out of pocket. I'm not sure her insurance would cover it. Cars are insured- not drivers. It depends on her policy whether or not her insurance will chip in for someone else's car.

[Crimson Wife]

I thought your insurance covered you no matter what car you drive? Isn't that the point of buying the rental car coverage so that you don't have to involve your insurance if something happens to the rental?

[QueenCat]

I thought your insurance covered you no matter what car you drive? Isn't that the point of buying the rental car coverage so that you don't have to involve your insurance if something happens to the rental?

 

I think some of that depends on the state and the insurance company. I'm covered in rentals but other people are covered when they drive my car. I had to look into that when we had company visiting for a week & I wanted them to be able to drive our spare car.

[Reeciecup]

Ok, so I just called my co-leader and asked her what her insurance company had said. Of course, calling them had slipped her mind, so she said she would call them today. She said she had insurance on herself, but I don't know if that means that it pays for other people's cars. I guess we will see.

[Reeciecup]

What kind of damage does the van have? If it's just a light that has to be replaced she should be able to pay for that out of pocket and someone can easily change it out.

 

If it's body damage that's another story. You can call your insurance and they will help you figure out what to do. You don't have to file a claim even if you talk to them.

 

It's body damage. She hit that tree hard.

[NavyMommy]

I just had something similar happen when someone who was borrowing my car (with my full permission) hit someone else. It was actually my insurance and not his that needed to be contacted; however, it was noted that I was not the one driving the car and it hasn't affected our rates at all. We only filed liability though, not collision since the damage to my car was minor cosmetic. I don't know if it's affected his rates or not but he hasn't mentioned it. I would probably at least call and talk to them, because I can't imagine her insurance company covering it. It may depend on the state (what state are you in?) but overall I believe it's the car that's insured and not the driver.

[Reeciecup]

I just had something similar happen when someone who was borrowing my car (with my full permission) hit someone else. It was actually my insurance and not his that needed to be contacted; however, it was noted that I was not the one driving the car and it hasn't affected our rates at all. We only filed liability though, not collision since the damage to my car was minor cosmetic. I don't know if it's affected his rates or not but he hasn't mentioned it. I would probably at least call and talk to them, because I can't imagine her insurance company covering it. It may depend on the state (what state are you in?) but overall I believe it's the car that's insured and not the driver.

 

Yeah I think the same thing. That her insurance won't cover. If I file my own though, it'll be collision coverage, and I am very hesitant to do that because we have 2 recent collision claims. I'm afraid we'll be dropped or have our rates raised. We are in NC.

[luvnlattes]

I don't know if it's the same in all states but here the claim would be paid under your insurance as a permissive driver claim. You gave her permission to drive your car so your coverage extends to her. If the payout exceeded the $$ threshhold stated in your policy, your rate would go up at renewal.

[Unicorn.]

I think you both share some blame, as you let her drive the vehicle into a small space. I would go get estimates for repairs, submit them to her, and ask for half the money. She probably doesn't want to go through insurance either, because her rates will go up. Maybe her dh told her not to, and maybe he told her she shouldn't pay? hth

[goldberry]

My understanding is that it would be covered under your insurance and not hers. I would expect her to pay your deductible.

 

I would not expect her to pay for the entire thing since it is your choice not to file the insurance claim, and you do carry SOME responsiblity for giving her permission, in a round about way.

[KungFuPanda]

She said she would talk to her agent, and she also said she would pay the deductible. But last night, although everyone was talking about my smashed car, she didn't mention speaking to her agent or paying for anything. I don't want her to pay the deductible because I don't want to file a claim. I want her to step up and pay for the damage she caused. But maybe that is unreasonable. I would pay if I had wrecked someone else's car. Maybe she doesn't have the money. I don't know.

 

So far I have just replaced the blinker and taped up the tail light with red tape.

 

Nobody WANTS to pay. That's just never convenient. However, this is WHY you have insurance and you insure a vehicle, not a person. Your prior claims are not her fault. I would expect her to pay the deductible. You can process the claim or pay the balance of the repair. The fact is you are both at fault. You handed over your keys for someone to back your vehicle into a spot you KNEW was too tight. She may have seemed confident, but you KNOW your vehicle and could have refused.

[kroe1]

Her insurance would not pay for collision damage to another person's car that SHE was driving. The car owner's collision insurance would cover.

 

It is not the co-leader's fault that you won't file a claim. It is unfortunate that it happened, but legally I wouldn't be surprised if she is not required to pay anything. She drove your car with your full permission and into a location which you were fully aware she was driving. You should know the risks. I'm not a lawyer, though, and it may vary by state.

 

At any rate, it's a hard pill to swallow. So sorry.

 

:grouphug:

[Ravin]

Get her insurance info and hand it over to your ins company and let them settle it.

[In the Rain]

Nobody WANTS to pay. That's just never convenient. However, this is WHY you have insurance and you insure a vehicle, not a person. Your prior claims are not her fault. I would expect her to pay the deductible. You can process the claim or pay the balance of the repair. The fact is you are both at fault. You handed over your keys for someone to back your vehicle into a spot you KNEW was too tight. She may have seemed confident, but you KNOW your vehicle and could have refused.

 

:iagree: with this.

 

Sorry, I know it isn't what you wanted to hear. :grouphug:

[LittleIzumi]

I thought your insurance covered you no matter what car you drive? Isn't that the point of buying the rental car coverage so that you don't have to involve your insurance if something happens to the rental?

 

I thought the issue was that she recently had claims on other cars and thinks she'll be dropped if she makes another. Thanks, insurance. We pay for collision coverage and get dropped if we actually use it. :glare:

[QueenCat]

I thought the issue was that she recently had claims on other cars and thinks she'll be dropped if she makes another. Thanks, insurance. We pay for collision coverage and get dropped if we actually use it. :glare:

 

As long as your with a decent company, that is not likely to be an issue. Ds had three accidents within two years. Our rates went up but we were not dropped.

[Impish]

First, you shouldn't have let her attempt what you knew was going to be difficult in your van. Second, she should pay for all damages. Stay on it.

:iagree:

[Jan in SC]

I don't think her insurance is going to pay, and if I let someone drive my car, I would pay my own deductible, too, unless her insurance would cover that part, but I don't think it would.

 

I'm sorry this happened!

[ChristineW]

I don't think her insurance is going to pay, and if I let someone drive my car, I would pay my own deductible, too, unless her insurance would cover that part, but I don't think it would.

 

I'm sorry this happened!

 

:iagree:I don't think its unreasonable to have her help with the deductible, but I don't think you have a right to expect anything more. I'm sorry this happened.

 

Christine

[cin]

I think it is a lame excuse to say anything about the rear view mirror (if she was implying some fault on your part). Who expects someone else to adjust the rear view mirror for them before they get in the car?

 

 

It was raining when I ran into someone. Sure it affected my stopping as I skidded a bit, but it didn't change the fact that it was my fault. *I* was the one behind the wheel.

[Lolly]

It will depend on her insurance policy. With our insurance, we are covered while driving other people's vehicles. So, if I were driving your car, my insurance would cover it. Our policy also covers other people driving our vehicle. So, if you wrecked my car and didn't have coverage, my insurance would kick in. Honestly, it all depends on the policy she has.

[LucyStoner]

She was driving your car and damaged it. She is responsible for restoring the car to its previous condition. Yes you should have said no. But that does not make her less liable for damaging your car against a tree. Stay on her. Her insurance may of may not cover it. Most people do not carry coverage that extends to other people's cars. If you go through your insurance company, they will go after her for the damages they pay out if they deem it worth their time.

 

Your rates will likely already by rising because of the 2 claims, that is something you just have to deal with. They will usually give you some consideration for things that are not your fault.

[TranquilMind]

Over the weekend I took my Girl Scout troop camping. My co-leader wanted me to back my van in so that we could unload it easier. I told her that I couldn't back it into that tiny spot, but that she could do it if she wanted. Well apparently she couldn't do it either because she backed it into a tree. She blamed it on my rear view mirror being adjusted for me since I'm short and she's not. But geez, how hard is it to move a stupid mirror?

 

Anyway, she apologized and said she had insurance. Of course I'm pretty sure her insurance isn't going to cover my car. I don't want to file a claim on my own insurance because I just filed two collision claims for dh's truck that my dd wrecked, and I'm afraid they'll either drop our coverage or raise our rates. Our rates are already through the roof because we have an inexperienced driver on there, and in January we'll be adding another one.

 

So last night I saw my co-leader at our meeting, and she didn't mention calling her insurance or paying anything. I don't really know what I should expect. She wouldn't have wrecked it if I would have just backed it myself. so I guess she was doing me a favor. But I know my limits, and I knew I couldn't back into that tiny area and I would have just had the scouts haul their junk from where the van was parked already.

 

What does the hive think?

 

Go get a written estimate or two and then tell her you have your estimates and she is free to get one too, but this will need to be paid.

 

Most likely, this will get messy, as it usually does when acquaintances/friends are involved. If it isn't too much, I'd pay it myself.

 

But she should totally offer to pay for the damage. It is the right thing to do. She damaged it. She fixes it.

[bettyandbob]

Ultimately, you allowed her to drive the vehicle. My insurance goes with my vehicle. If anyone I permit to drive my car has an accident the claim is made to my insurance.

 

It would be nice if she offered something. She is not legally responsible for anything.

[LucyStoner]

Ultimately, you allowed her to drive the vehicle. My insurance goes with my vehicle. If anyone I permit to drive my car has an accident the claim is made to my insurance.

 

It would be nice if she offered something. She is not legally responsible for anything.

 

This is incorrect. Insurance rules and coverage are not the law. If my tree falls on your car or I collide with your car, I am legally liable. That liability does not disappear because I am driving your car when I damage it. At least in my state, the OP is entitled to restitution of the car to its previous condition. If this means the co-leader has to make payments OOP, that is what it means. Hopefully she will do the right thing. If not, I would escalate via your insurance company or if the amount is small enough, small claims court.

Edited October 9, 2012 by kijipt

[Lolly]

This is incorrect. Insurance rules and coverage are not the law. If my tree falls on your car or I collide with your car, I am legally liable. That liability does not disappear because I am driving your car when I damage it. At least in my state, the OP is entitled to restitution of the car to its previous condition. If this means the co-leader has to make payments OOP, that is what it means. Hopefully she will do the right thing. If not, I would escalate via your insurance company or if the amount is small enough, small claims court.

 

If your tree falls on my car, it is considered an act of God. You do not pay unless I have notified you, in a manner that can be proven, that the tree is dangerous/diseased.

Edited October 9, 2012 by Lolly

[bettyandbob]

TIf my tree falls on your car or I collide with your car, I am legally liable.

 

 

Your tree falling on my car is a different issue. You are responsible for damage that occures on your property. Your tree is your property and even if it falls off your property into the street, you are liable.

 

If you collide with my car, I assume you have run into it with something and there was proof so show that you were negiglent in the manner with which you ran into it.

 

The OP has a situtation where she essentially gave permission (unless she can prove otherwise and that's likely not possible unless a criminal charge is involved) for her vehicle to be used. Every car insurance policy I have seen has the insurance for collision purposes go with the car--not who's driving.

[Abigail4476]

She said she would talk to her agent, and she also said she would pay the deductible. But last night, although everyone was talking about my smashed car, she didn't mention speaking to her agent or paying for anything. I don't want her to pay the deductible because I don't want to file a claim. I want her to step up and pay for the damage she caused. But maybe that is unreasonable. I would pay if I had wrecked someone else's car. Maybe she doesn't have the money. I don't know.

 

So far I have just replaced the blinker and taped up the tail light with red tape.

 

Assuming you have comprehensive/collision coverage, that is precisely what it is for--no matter who is driving your car. In fairness, she should pay the deductible, but from a legal standpoint, you took on risk when you allowed another driver to use your vehicle.

 

We have insurance for just this type of reason; why are you hesitant to file a claim? Filing a claim doesn't mean you are saying it's your fault; but your insurance should be the one providing coverage.

[MAIMOM]

NVM

Edited October 11, 2012 by MAIMOM

[Reeciecup]

Okay, I called my agent. He said it would be "detrimental" for me to file another claim at this point since I just had 2 claims. One wasn't even our fault. It was hail damage. Before that we hadn't had any claim in 7 years.

 

My co leader also called her insurance. They told her that the damage wasn't covered. So there it is. I guess I'll be paying myself or living with the damage. If I push her she might pay, but I guess that wouldn't be fair, since its my vehicle. But it makes me so angry to think about because she always thinks her way is better and she wanted the stupid car turned around. I would have been happy to let the scouts carry their junk from where it was. It wasn't that far, and they are middle schoolers. It would have been no big deal.

 

Lesson learned.

[elegantlion]

Okay, I called my agent. He said it would be "detrimental" for me to file another claim at this point since I just had 2 claims. One wasn't even our fault. It was hail damage. Before that we hadn't had any claim in 7 years.

 

My co leader also called her insurance. They told her that the damage wasn't covered. So there it is. I guess I'll be paying myself or living with the damage. If I push her she might pay, but I guess that wouldn't be fair, since its my vehicle. But it makes me so angry to think about because she always thinks her way is better and she wanted the stupid car turned around. I would have been happy to let the scouts carry their junk from where it was. It wasn't that far, and they are middle schoolers. It would have been no big deal.

 

Lesson learned.

 

I would still ask her to cover your deductible.

[justLisa]

Wow this SUCKS. I'd never let anyone ever touch my car keys.

 

But really her insurance doesn't cover her driving someone's car? :confused:

[tammyw]

Wow, what a nightmare :( I'm sorry to hear you are dealing with this, and that you are going to be out substantial money. I think if I had been the one who did the damage, I would feel personally responsible and would pay for it. There may not be a legal obligation to do so, but it would seem like the right thing to do. Of course I probably will never want to drive someone's car after reading this, because that would probably be the time I'd have an accident.

[kwg]

Okay, I called my agent. He said it would be "detrimental" for me to file another claim at this point since I just had 2 claims. One wasn't even our fault. It was hail damage. Before that we hadn't had any claim in 7 years.

 

My co leader also called her insurance. They told her that the damage wasn't covered. So there it is. I guess I'll be paying myself or living with the damage. If I push her she might pay, but I guess that wouldn't be fair, since its my vehicle. But it makes me so angry to think about because she always thinks her way is better and she wanted the stupid car turned around. I would have been happy to let the scouts carry their junk from where it was. It wasn't that far, and they are middle schoolers. It would have been no big deal.

 

Lesson learned.

 

What did she say? I can't imagine; I would feel so bad if I wrecked someone's car!