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Car accident - insurance help needed

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    #16
    Originally posted by Shane View Post
    If the kid is an excluded driver, he has no coverage on the insurance policy. That doesn't mean that he and maybe his parents isn't/aren't liable for the damage he caused. It just means that he doesn't have insurance that will pay for it. If he was driving a car without insurance, that can only mean that he was driving the car without the permission of his parents or that his parents knew and gave him permission to drive even though they knew that he was excluded from their insurance. They excluded him from coverage to prevent their premiums from being sky high - for good reason, apparently. He probably has several tickets and/or accidents on his record already. If his parents gave him permission to drive without insurance, I'm sure a good lawyer could make a convincing argument that the parents are liable for the damages.
    Absolutely.

    We sold a truck long ago, people let their teenager drive it and they t-boned somebody doing 70+ in a 35. We'd reported the sale when it sold about a month prior but they never transferred the title so we got named on the lawsuit. Surely this driver, and the vehicle owners can be named on a lawsuit. The question is if you'll be able to collect or not.

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      #17
      A friend of mine had a nice Scout that his grandfather had restored....some kids (I think one 18 driving so technically not a kid and a 16yo) ran a stop sign in our neighborhood in an older F250 that was registered as a "company vehicle".......the two of them were not on the company policy that was with progressive.....it ended up that progressive paid and paid based on the value of the Scout being a collectors car that was in really nice shape (it was not serious damage and was easily drive-able after)......the adjuster was one of two for progressive in the city and tol my friend he was lucky he got him because he knew that Scout was worth money......he also told him that although the two in the F250 were not on the policy "they will be now and the company will be paying a hell of a lot for that"

      Honestly all of that was a very big surprise to me, but I know it is factual and even more of a surprise with it being progressive....I do not know if it being a company vehicle had anything to do with it or how progressive thought the company would stay with them (other than I guess the fear of the cost of switching insurance carriers with that type of claim attached to the company)

      So based on that I would not accept random person on the phone in Ghana telling you right off "so sorry excluded"....I would push it a lot further and of course talk with your agent

      Another time a friend of mine was driving his roommates car while his truck was broken down and rear ended someone....there was no damage to the rear ended Mazda, but there was to the roommates 25th Anniversary Trans Am......on my advice my friend submitted a claim on HIS liability insurance that he had on HIS truck......because liability insurance covers the "damage you do to others property while driving"....at that time and as far as I know still today that does not exclude damage to a car that is not yours that you are driving....again I know 100% for a fact that my friend had the damage to his roommates car repaired with his liability insurance.....so with that in mind I would be checking to see of the driver of the car that cause the wreck has a police for another vehicle.....because if he has some old beater car that he normally drives and has a policy for on it's own.....well based on what happened in the past with my friend then the liability insurance of that driver should cover the damages

      lastly as others have stated the parents willfully let their son drive that car.....if he has no liability of his own on another vehicle then what those parents did was a crime.....the same as it is a crime to allow someone without a license to drive your car.....so the parents are 100% on the hook if you drag them into court for the damages.....unless they are going to tell the court that the son took the car without their permission......that is of course also a crime on the part of the son and may not limit the liability of the parents because they can still be liable for not doing all they could to prevent that especially if it has happened before......of course in most large cities in Texas I do not think the DA would lift a finger to bring those charges against that son especially if it was a case on small claims....I think a lawyer in court above the level of small claims would be the only way where charges on the son for Unauthorized Use on a MV

      which I will add The crime of UUMV Texas is a State Jail Felony, which carries a punishment range of confinement in a Texas state jail facility for 180 days to 2 years, and up to a fine of $10,000.

      so you have some serious leverage with the parents to get them to pay they either accept they let their son use the vehicle knowing he was excluded from their coverage or he could face a felony......but again I do not think you will get that leverage from the DA on your own I think you will need a lawyer

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