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Babs225

accident with no collision insurance

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Ft. Myers, Fl is the state I reside in and where the accident happened. I was stopped at a stop sign looked both ways then slowly entered the intersection.(Grand St going north) A car came (Edison ave going west)down and hit me. The other car had the right of way and was not visible before I entered the intersection. There is a tree by the stop sign and numerous accidents have happened at that intersection. No one was hurt. I was driving my daughter's car and she does not have collision insurance. The other driver was driving her sister's car has a suspended license, has done time in jail and is on probation. She also received a citation at the accident site. ( I am in Ft. Myers, Fl)

What will happen?

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Babs225 said...

I was driving my daughter's car and she does not have collision insurance.

But she did have liability insurance, correct? If so, then you or your daughter will have to cover the damages to your daughter's car, since your daughter's insurance won't cover it and, from what you've said, it does not appear that the other driver was at fault in the accident. That the other driver's license was suspended won't make her liable for the damages to your daughter's car if she was otherwise driving safely. Likewise, her criminal history and the fact that she is on probation won't make her liable either. The issue is whether she was negligent in the manner in which she was driving the car.

She might sue you and/or your daughter for the damages done to her car. If that occurs, your daughter needs to contact her insurance company. The insurance company will provide a lawyer and handle the matter.

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" She also received a citation at the accident site."

A citation for driving with the suspended license, I presume. Not relevant, I'm afraid.

Your daughter chose not to have collision coverage for a reason and decided to take the risk that she wouldn't need it. Your daughter's free to sue you for the damages to her car; whether she'll choose to do that, who knows and you're free to argue that it was impossible to not take your chances at that particular intersection due to tree branch/whatever obstruction. Can't know what a court will say from here.

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The car has no resale value and the insurance companies, first Geico then Metropolitian both told her not to get collision.

The car cost her less than $500 and it is worth less than that before the accident. It is a 1997 Honda Civic.

Thank you for taking the time to answer.

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Given the value of the car, which is at or below what any reasonable deductible should be (the higher, the better in terms of premiums), it was good advice by insurer. Not clear why you'd mention that your daughter doesn't have collision, with the unspoken implication being you were concerned about how damage repair would be paid for. Guess I focused on the wrong item. :)

Ultimately, if your daughter has liability, she should be fine unless the other driver was driving something worth a lot more than her coverage limits or they were hurt. Even in that event, her insurer is obligated to defend her/deal with it and endeavor to settle within policy limits.

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