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alelimoshae

Insurance debt

3 posts in this topic

I owned a vehicle that was not running. I had it parked and was waiting for the title to come in the mail so that I could get rid of the car. I also had a car that I was driving. I had no insurance on the parked car but I was not driving it. One day while I was at work my boyfriend's son decided to take the car around the block to see if was still running. He was involved in an accident that was his fault. He was issued a no insurance ticket that he paid. My license was suspended for a year. Now the insurance company of the other driver has taken us to court. he never received the papers only I did. Am I soley responsible for the repay to the insurance company or how does this work.

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It's not clear that you have any liability here (it's also not clear why your license was suspended, but that's water under the bridge now). The other driver's insurer likely would need to prove that it was negligent of you to leave the keys where your boyfriend's son could get to them, which likely would involve proving that you knew or had reason to know he would do something like this. I obviously have no idea whether that's provable. I suggest you talk with your boyfriend and/or his son (not clear whether the son is a minor or an adult) about how the son and/or father intend to pay for the damages.

Your post also seems to suggest that, while you had "no insurance on the parked car," you did have insurance on your other car. Typically, liability insurance attaches to a person, not a particular car. If you could clarify this, it would be helpful. You may also discover that you have insurance that will defend you against this claim.

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(it's also not clear why your license was suspended,

We don't know what state the OP lives in but that's likely due to financial responsibility laws that apply to the owner as well as the driver.

The other driver's insurer likely would need to prove that it was negligent of you to leave the keys where your boyfriend's son could get to them, which likely would involve proving that you knew or had reason to know he would do something like this.

Generally, the elements of "negligent entrustment" are (1) the owner entrusted a vehicle

(2) to an unlicensed, incompetent, or reckless driver; (3) the owner knew or should have known

that the driver was unlicensed, incompetent, or reckless; (4) the driver was negligent on the

occasion in question; and (5) the driver's negligence proximately caused the accident.

So far, based on the limited details, I don't see that here.

However, some states hold the owner "strictly liable" by statute for the accidents caused by the driver of the vehicle.

Again, we don't know what state yet.

Your post also seems to suggest that, while you had "no insurance on the parked car," you did have insurance on your other car. Typically, liability insurance attaches to a person, not a particular car.

A common misconception.

The following is a pretty standard provision of an auto insurance policy:

"We do not provide Liability Coverage for the ownership, maintenance or use of:

2. Any vehicle, other than your covered auto, which is:

a. Owned by you

"Your covered vehicle" is the one listed on the policy for which a premium is paid.

There are some exceptions but I won't go into them as they aren't likely to apply to the OP's situation given the limited facts.

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