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Johnny18

Hit and Run

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On February 6 2017 i was hit by a truck tearing off the front left side of car, as I'm trying to get out the main highway i see the other driver pull off and leave the scene i proceded to chase down the car(not a good choice but i wasnt letting that go) i caught up to the truck and confronted the driver as it was a older man. The guy proceeds to tell me he has no license and hes not on insurance and that he will pay me off i told the guy he was crazy im in a lease car i have to call the police and let my insurance know i got my phone to snap the photo when i snapped a picture of his tag as he got in the truck and left the scene i then called the police gave them the tags etc etc and i later discorver the insurer of the truck being his wife apparaently hes not on the insurance they then proceed to tell me that the owner of the vehicle said that she was in orlando the whole week and nonone had access to her truck and theirs no (fresh damages mind you its a 2004 ford f150) and her isnurance denied my insurance claim as i have to get almost 3k worth of damages fixed on my car as well as 1k for out of pocket expenses. my argument to the orlando story was if no one had keys to the truck how did i get a picture of that tag that day with the location of where the picture was taken. can someone help? my insurance said we have to sue them now. what does the case look like im only 20 and scared to death i just want my money back and for at fault to admit what they did

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Sue them both.  The owner of a vehicle is liable for its permissive use.  Whether her insurance covers it or not is her problem.  However, insurance also covers permissive users, unless that driver is specifically excluded.  Sounds like a Small Claims case.  Bring the estimates/receipts for repair to your vehicle, rental car, photos of damage to your hearing.

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In any future posts, please pay better attention to things like capitalization and punctuation so that we can more easily read and understand what you write.

 

 

12 minutes ago, Johnny18 said:

On February 6 2017 i was hit by a truck tearing off the front left side of car,

 

You weren't hit.  Rather, your car was hit.  Right?

 

 

17 minutes ago, Johnny18 said:

my insurance said we have to sue them now. what does the case look like im only 20 and scared to death i just want my money back and for at fault to admit what they did

 

Let's start with the last part first.  You cannot force someone to admit something, so stop worrying about that.  Second, do you have collision coverage or just liability coverage?  You wrote that your "in a lease[d] car," so I have a hard time believing you don't have "full coverage," which should include collision coverage.  If you do have collision coverage, then your insurer should pay the cost of repair (less your deductible) and will then go after the other driver to recover the loss (including your deductible).  You can also directly sue the other driver.  You mentioned $3k in damages and $1k in "out of pocket expenses."  What sort of expenses are you talking about?  $3k is not a lot of damage, so you probably shouldn't have needed a rental car long enough to run up a $1k bill.  Finally, have you reported the accident to the lessor of your vehicle?  If not, you should carefully read your lease agreement because I'd be shocked if it doesn't require that you report any accidents.

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@pg1067 Thanks for the advice but I did not ask you to check my punctuation or capitalization I could careless about that right now, I go to college for that, I asked for legal support. Now to answer your question I have full coverage collision and liability as that is required in the state of Florida for any lease car, only thing I did not have was rental coverage. As far as 1k bill that is for having a rental car, rental car companies charge a underage fee for anyone under the age of 25 that and my car was out for repairs for 2 whole weeks. As read in my "lease" agreement i am required to report any auto accident damage for the vehicle as the dealer I have received my lease from requires you to repair where they want you to repair the vehicle for their standards. Owner and insurer carrier are responsible for the use of the vehicle if no one else is listed on the policy which in this case she did not have her husband listed on the policy which in the florid i believe you are required to announce your spouse on the policy, correct me if i'm wrong.

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12 minutes ago, Johnny18 said:

Thanks for the advice but I did not ask you to check my punctuation or capitalization I could careless about that right now,

 

You could care less?  Perhaps you meant couldn't care less.  Anyway, I'm quite aware you didn't ask me to check your punctuation or capitalization.  However, by posting on a message board you did implicitly ask others to read what you wrote and respond.  As a college student, you should understand that, when you communicate in a written medium, you need to write in a way that others can read and understand and, if you make it unnecessarily difficult for others to read and understand what you write, it may lead to misunderstandings.

 

 

16 minutes ago, Johnny18 said:

I have full coverage collision and liability as that is required in the state of Florida for any lease car

 

Which section of the Florida Statutes do you think mandates "full coverage . . . for any lease[d] car"?  The law only requires liability coverage.  The requirement for "full coverage" is imposed as a matter of contract by the lessor of the car.

 

 

20 minutes ago, Johnny18 said:

Owner and insurer carrier are responsible for the use of the vehicle if no one else is listed on the policy which in this case she did not have her husband listed on the policy which in the florid i believe you are required to announce your spouse on the policy, correct me if i'm wrong.

 

This isn't a particularly coherent sentence, so I'm not entirely sure if you're right or wrong.  In any event, a standard Florida auto liability policy provides coverage for bodily injury or property damage for which any "covered person becomes legally liable because of an auto accident."  "Covered person" is defined as the named insured, or a person related to the named insured by blood, marriage, or adoption who is a resident of the named insured's household (unless such person is expressly excluded), or any person using a covered auto.  However, coverage for a person "using a vehicle without expressed or implied permission" is expressly excluded.  Thus, as I noted previously, the owner isn't necessarily liable for an accident resulting from the covered vehicle's permissive use.  However, the owner's liability policy should provide coverage in your case unless the insurer can establish that her husband's use of the vehicle was "without [her] expressed or implied permission."  Since you indicated that the husband was unlicensed, then the owner's claim that he did not have permission to use the vehicle is inherently credible, and it will be difficult to rebut the claim.

 

In any event, since you had full coverage, your insurer should cover the repairs, less the deductible.  You should speak with your insurance adjuster about pursuing the other driver for reimbursement of your deductible.  As I mentioned previously, your insurer may handle that for you.  It may even seek reimbursement of your rental car expenses.  Otherwise, this is a perfect case for small claims court.

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