QuestionOk...about a year and a half ago my ex boyfriend gotten into a car accident with my car. I was not in the car at the time. Here is how i am to believe the accident took place:
My boyfriend was driving down the suicide lane and was kinda passing the traffic to get to a turning light when a car came and hit him when they were fully cutting across traffic... Who is at fault?...I talked to this guy amd he kept insisting that i should pay out my pocket for the accident....and he never reported it to his insurace company...for some reason he stopped callng...Then now a whole year and a half later he decide to call me telling me that he got a lawyer ready to procecute but he rather me pay out of my pocket...I told him i wanted to see the police report or i need the case number..and he just kept on telling me that how kind he was letting me pay out of pocket..I told him i wanted to see the lawyer papers...but for some reason he is out of town and he couldnt show me the papers right then but to show me them in a week.
Now he does got pictures of my car and his car and even pictures of my ex boyfriend..but who is at fault and if my ex boyfriend is at fault do i have to go to court considering he never reported to insurance company? or should he be suing my ex? or should i be suing him... i think it is a 50 -50 car accident and no one should pay anybody
Thank you so much for your time...
Christina
AnswerHi Christina,
Under insurance Law, as the owner of the car, you are the first responsible party in line, no matter who was driving your car.
Most states require that you report the accident to your insurance company within 10 days and they file proof with your state that your car was covered by insurance at the time of the accident.
The legal wording in your insurance policy requires that you report any accident to them in a 'timely' manner.
According to your statement, it has been about 18 months since the accident. You need to immediately make a report to your own insurance company. The odds are that they will conisder this a delayed report, and they have evry legal right to deny your claim on those grounds.
If they deny your claim, you will need to secure an attorney to defend you. You will be fully responsible for the full amount of judgement that the court renders against you.
I understand that this is not the answer that you expected to hear, but it is legally correct.
In the future, if your car is ever involved in any accident, no matter how minor it might seem, immediately make a report to your insurance company.
I trust that my answer has given you a better understanding of the serious position you are now facing.
Sincerely,
Bennie
San Francisco Bay Area 11-10-07 7-28 PM PST
