Auto Insurance Claims: 10 year old Claim fault assignment, rapid reply, assignment question


Question
QUESTION: In 1999, an authorized driver of my car was involved in a small accident.  Authorities were called and the driver was investigated for DUI and Hit & Run.  Tests proved negative and charges were dropped except for a misdemeanor (non driving related) that was eventually expunged.

One week ago I received a letter from the carrier with a determination of fault for the accident.  The driver was assigned 100% fault with the reason stated, "driver charged with DUI and H+R".

I was given 30 days to dispute the finding of fault.

Why is this determination coming 10 years after the incident?  What difference do the charges make as they were dropped?  How can this affect me today?  I am not with that carrier, will this determination affect me?  All of this took place in CA.

Thank you very much for your valued time.

ANSWER: Hi Scott,
Check the date on the letter vs the postmark date.  Perhaps this
letter fell behind a filing cabinet and just got found and mailed.

There is no way that this can have any affect on you 10 years later.
Even if you were applying for insurance from a new company, they only check your records back 3-7 years depending on your state of residence.

Since you were not the driver, it would have no affect if it happened 10 months ago.

I hope that you find this information useful.  Your feedback by rating my answer will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area

---------- FOLLOW-UP ----------

QUESTION: Thank you for your rapid reply to my question.

I double checked the letter date as well as the postmark date.  They are exactly April 30, 2009.

Is it possible that the insurance company is going to pursue a claim against me, the insured of record?  I am confident that there must be a Statute of Limitations, but still it is strange.

Thanks again!

Answer
Hi Scott,
You stated that your friend was driving with your permission.  This means that your insurance company would have paid to repair whatever he hit and paid to repair your car if you carried collision.  This is the reason that you carry insurance and your own company would never try to recover the cost of the accident from you.

Yes, there is a statue of limitations for property damage claims.  It's usually 3 years but a few states allow 5 years.

Nothing is going to happen as a result of this letter, but I suggest that you keep it for a while.

Bennie