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difficult child car accident and repair problem
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<blockquote data-quote="susiestar" data-source="post: 459548" data-attributes="member: 1233"><p>Regardless of who owns the car, this needs to go through difficult child's insurance. If he has no insurance, it will go to court and to your insurance. Your insurance may have to get involved as it was your car but the car didn't do this by itself. difficult child did it. In most states the driver has to have insurance and that is the primary insurance that is used. The owner's insurance is there to be used if the driver has no insurance or not enough.</p><p></p><p>Do NOT NOT NOT NOT NOT NOT NOT pay these people cash. They have usually two years to file a lawsuit against you and difficult child both. Most states have a two year statute on filing lawsuits over this. So for TWO YEARS they could hold it over your head. If it goes through the insurance then the ins co will handle it all. If it doesn't, and you pay them, they can STILL file a claim with insurance and say that you did not pay them, that the money you gave was for something else - even if on the check you write what it is for. IF you MUST pay them, make them sign a statement that this payment of X dollars is the sum total of liability for the accident and that they forfeit the right to file an insurance claim or lawsuit against you or difficult child, and that they get NO more money. It would be best to have an atty draw this up, but at the very least it should be notarized. I learned this the very hard way when someone rear-ended me for stopping at a stop sign (silly me, how crazy to stop at the sign!). A cop told me to go ahead and go up to the police station at the end of the block, so I did and the other car just drove away. (I later learned the cop was related to the driver who hit me). I was pregnant and had to have significant medical checkups to make sure Jess was okay. I worked for the same co that the driver's wife did, and I insisted on filing a claim. Imagine my shock almost 2 yrs later to learn that the other driver and his wife filed a lawsuit against me for the accident. The paperwork from the cop was NOT done right, and my ins co jumped all over them and their shyster lawyer and took it to the head of the police dept and internal affairs as corruption because the cop wrote the paperwork he gave me that I was hit by them, but put on their paperwork that I hit them. For some stupid reason I had a couple of disposable cameras that my dad had sent to Wiz and I had used them to take pics of the both cars, the cop, the other driver and the passengers, and of the license plates of witnesses along with having gotten their names. When a pregnant woman gets out of a car after an accident, people stop to make sure she is okay - esp as I was super shaky. So I had the evidence I needed to win a case. They forgot I had pictures and witnesses and contact info for witnesses when they decided to file. They thought that with the cop relative making the papers say that I hit them (how I would hit them by stopping at a stop sign I have NO idea) then the ins co would just send a check rather than hassle with them. Seems they had done this before, with different members of the family and the same cop always on duty around there. My ins agent (sister of childhood friend) told me that the ins co had been served three similar suits with the same car but different drivers and the same cop and the pics and papers that I had gotten from people iwth their info were exactly what was needed.</p><p></p><p>I don't know if your son's friend is in a group doing that, but it is super easy for them to just go to the police dept even days later and file a report and claim all sorts of things. By not having police respond and write it up there it becomes he said, she said, and so and so's doctor says it hurt them this bad. And then it is really HARD to handle. </p><p></p><p>So please, let the ins co sort it out. If you need to pay higher rates, then difficult child should pay at least part of that higher cost. But first HIS ins co should be handling it - because he has to have insurance.</p><p></p><p>I do agree that he should not be driving. While the cops may follow him, it could be highly likely that they do it because they know he drives while under the influence of alcohol or drugs. If they can find him under the influence they can get him off the road and get everyone else a bit safer. My gfgbro ranted on and on about police persecution because they kept following him, but he is the worst driver I have EVER known. He likes to read books while he drives. He says he reads at red lights, but actually he used to read while driving down the road all the time. That is about the safest thing he would do! He is a bit better now that he has a daughter, at least when she is with him, but his insurance rates on a much older car are four times what husband and I pay combined. The police followed him at one point because he was such a vicious drunk and so dangerous even with-o a car that they honestly felt it was about the only way to keep people safe from his bad driving combined with his drunk driving. (the reading while driving was NOT done while drunk - that was a stone cold sober choice!). </p><p></p><p>You can at least figure your son is not the worst driver - not if his vehicle doesn't have guard rail burn on BOTH SIDES (guard rail burn is the term for the scrapes made on a car when it drives too close to the guard rail and rubs against it. How you get that on the driver's side I have NO interest in figuring out!)</p><p></p><p>Anyway, if you don't get the ins co involved then you are going to be open to a LOT of liability for a long two years.</p></blockquote><p></p>
[QUOTE="susiestar, post: 459548, member: 1233"] Regardless of who owns the car, this needs to go through difficult child's insurance. If he has no insurance, it will go to court and to your insurance. Your insurance may have to get involved as it was your car but the car didn't do this by itself. difficult child did it. In most states the driver has to have insurance and that is the primary insurance that is used. The owner's insurance is there to be used if the driver has no insurance or not enough. Do NOT NOT NOT NOT NOT NOT NOT pay these people cash. They have usually two years to file a lawsuit against you and difficult child both. Most states have a two year statute on filing lawsuits over this. So for TWO YEARS they could hold it over your head. If it goes through the insurance then the ins co will handle it all. If it doesn't, and you pay them, they can STILL file a claim with insurance and say that you did not pay them, that the money you gave was for something else - even if on the check you write what it is for. IF you MUST pay them, make them sign a statement that this payment of X dollars is the sum total of liability for the accident and that they forfeit the right to file an insurance claim or lawsuit against you or difficult child, and that they get NO more money. It would be best to have an atty draw this up, but at the very least it should be notarized. I learned this the very hard way when someone rear-ended me for stopping at a stop sign (silly me, how crazy to stop at the sign!). A cop told me to go ahead and go up to the police station at the end of the block, so I did and the other car just drove away. (I later learned the cop was related to the driver who hit me). I was pregnant and had to have significant medical checkups to make sure Jess was okay. I worked for the same co that the driver's wife did, and I insisted on filing a claim. Imagine my shock almost 2 yrs later to learn that the other driver and his wife filed a lawsuit against me for the accident. The paperwork from the cop was NOT done right, and my ins co jumped all over them and their shyster lawyer and took it to the head of the police dept and internal affairs as corruption because the cop wrote the paperwork he gave me that I was hit by them, but put on their paperwork that I hit them. For some stupid reason I had a couple of disposable cameras that my dad had sent to Wiz and I had used them to take pics of the both cars, the cop, the other driver and the passengers, and of the license plates of witnesses along with having gotten their names. When a pregnant woman gets out of a car after an accident, people stop to make sure she is okay - esp as I was super shaky. So I had the evidence I needed to win a case. They forgot I had pictures and witnesses and contact info for witnesses when they decided to file. They thought that with the cop relative making the papers say that I hit them (how I would hit them by stopping at a stop sign I have NO idea) then the ins co would just send a check rather than hassle with them. Seems they had done this before, with different members of the family and the same cop always on duty around there. My ins agent (sister of childhood friend) told me that the ins co had been served three similar suits with the same car but different drivers and the same cop and the pics and papers that I had gotten from people iwth their info were exactly what was needed. I don't know if your son's friend is in a group doing that, but it is super easy for them to just go to the police dept even days later and file a report and claim all sorts of things. By not having police respond and write it up there it becomes he said, she said, and so and so's doctor says it hurt them this bad. And then it is really HARD to handle. So please, let the ins co sort it out. If you need to pay higher rates, then difficult child should pay at least part of that higher cost. But first HIS ins co should be handling it - because he has to have insurance. I do agree that he should not be driving. While the cops may follow him, it could be highly likely that they do it because they know he drives while under the influence of alcohol or drugs. If they can find him under the influence they can get him off the road and get everyone else a bit safer. My gfgbro ranted on and on about police persecution because they kept following him, but he is the worst driver I have EVER known. He likes to read books while he drives. He says he reads at red lights, but actually he used to read while driving down the road all the time. That is about the safest thing he would do! He is a bit better now that he has a daughter, at least when she is with him, but his insurance rates on a much older car are four times what husband and I pay combined. The police followed him at one point because he was such a vicious drunk and so dangerous even with-o a car that they honestly felt it was about the only way to keep people safe from his bad driving combined with his drunk driving. (the reading while driving was NOT done while drunk - that was a stone cold sober choice!). You can at least figure your son is not the worst driver - not if his vehicle doesn't have guard rail burn on BOTH SIDES (guard rail burn is the term for the scrapes made on a car when it drives too close to the guard rail and rubs against it. How you get that on the driver's side I have NO interest in figuring out!) Anyway, if you don't get the ins co involved then you are going to be open to a LOT of liability for a long two years. [/QUOTE]
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