QuestionQUESTION: My vehicle which is covered by liability ins. only was being fixed by a minor aquaintance of mine at an affordable rate..What I didnt know is that instead of working on my 00 mercury cougar, this guy was letting his wife who is an unlicensed operator, use it as a uhaul to move all her stuff into his apartment. Well on their last trip she pulled out in front of a truck and did extensive damage to my vehicle. she was ticketed for unlicensed oper., failure to yeild, and I had her arrested for unauthorized use of a motor vehicle. He, the supposed guy who was fixing my car, was also charged with a penal law offense. This relieved me of damages claimed against my policy, is his insurance liable now to pick up the damages to my vehicle?..if so how do I go about filing a claim against his insurance company? ..My ins company..Hanover has been absolutely useless assisting me. Thanks.
ANSWER: Hi Jeremiah,
I'm sorry to learn of your predicament. I see no way that you will be able to collect from his insurance company based on the following reasons.
1. Since she was not using your car with permission, the company will treat the situation as if she had stolen the car.
2. Since she is unlicensed, she is not named on his policy as a driver. His company will only pay claims for drivers in the household that are named on the policy and in cases where they had permission to drive the car (also, he would have to have been carrying collision on his policy).
The only two options that I see available to you are to either get the guy to agree to pay for the damage to your car or file small claims court action against his wife (since she was the driver).
If you will send me a follow up and tell me what state you live in, I will give you information about small claims court law in your state.
I hope this information has been of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area
---------- FOLLOW-UP ----------
QUESTION: Hi,
I live in NY. So his insurance will not pay even though the vehicle was left in his possession and he was responsible for it? Can he ask his ins. co to pay for the damages. And what about the other vehicle, my co. will deny all claims so how will they be compensated?
AnswerHi Jeremiah,
If this was a simple case where you had given him permission to drive your car, and he had a fault accident, he could only ask his company to cover the damages to your car IF he carried collision on his policy.
If he didn't carry collision, you could only have collected from him if he agreed to pay or by filing court action.
Your case is not that simple. He allowed his unlicensed, uninsured wife to drive the car, you had her arrested for unauthorized use, and his insurance is not going to pay because they are not legally responsible.
Your only recourse are the options that I have already explained.
Your insurance is going to deny any claim presented by the other party and they will hav to go through their insurance or file court action agaains the wife.
The information below is from a site that has not been updated since 2004. I believe that New York has increased the limit to $5,000, but you will need to verify that with the court clerk.
New York Small Claims Court
In New York City, Small Claims cases are heard in City Civil Court; in Nassau and Suffolk Counties in District Court, except 1st District; in other cities in City Court. In rural areas, cases are heard in Justice Court.
Statues: Consolidated Laws of New York Annotated, Uniform Civil Court Act, Article 18, Section 01-15, Article 18-A, Section 01- 14 (commercial claims); Uniform District Court Act, Article 18, Sections 01-15; Uniform Justice Court Act, Article 18, Sections 01-15; N.Y.C. Civil Court Act, Article 18, Section 01-15, Article 18-A, Sections 01-14 (commercial claims). Uniform Civil Rules for the New York City Civil Court, Part 208, Section 41 and Part 208, Section 41- A; Uniform Civil Rules for the City Courts Outside the City of New York, Part 210, Section 41 and Section 41 Part 212-A, Section 41; Uniform Civil Rules for the Justice Courts, Part 214, Section 10.
Dollar Limit:: $3,000. Where To Sue: Where defendant resides, is employed or maintains a business office.
Service: Certified or registered mail, court-approved adult. If after 21 days not returned as undeliverable, then notice presumed.
Hearing Date: Set by court.
Attorneys: Allowed; required for most corporations.
Transfer: Within court's discretion to appropriate court.
Appeals: By defendant only for review of law, not facts or by plaintiff if "substantial justice" was not done; to County Court or Appellate Terms within 30 days.
Special Provisions: No equitable relief. Non-appealable arbitration available. Corporations and partnerships may not sue. Right to sue may not be transferred. Jury trial available to defendant. Defendant must file affidavit stating the issues that require a jury trial. Business judgment-debtors must pay within 35 days or $100 may be added to judgment. Businesses that fail to pay judgments may face a refusal of renewal of grant of business license from authorities. No counterclaims allowed in Small Claims unless within the dollar limit.
Note: This section outlines the special rules that apply to the small claims courts of all 50 states and the District of Columbia. Filing fees are not listed because they vary greatly and change frequently. This information was last updated in 2004. Because court rules may change at any time, always check with the clerk of the small claims court to verify the accuracy of the information given for your state.
I hope you find this information helpful.
Sincerely,
Bennie
