Question-------------------------The claim would be for the damages that occurred to my car and the stop sign. Isn't that what you said should be done in your first reply? You said, and I'll quote.. "Let your brother submit the claim under his insurance.. He is covered for any car he drives, even if he did not have your Express permision. Thus, his insurance can pay for the stop sign and the damage to your vehicle." I realize Doctor Settlement that I asked so many questions that in any case can cause confusion. Unless, I am misunderstanding you. I appologize. To answer your question, No he did not get hurt.
I am very gratful for all the time & research you have given me. Thank you. Suede.
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-------------------------If his insurance should be cancelled, can he still file the claim? Is there a time limit when a claim should be filed. How soon and how long does he have to file? Thank you for everything, I've learned a lot from you. Suede. Followup To
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-------------------------Thank you so much for your prompt response. It is very much appreciated. I only have few additonal questions. Is it possible for his insurance company to drop his insurance due to the DWI charge? I'm not that worried about repairing my car. The stop sign matter, I'm not sure the procedure. The police did came to the house and asked a lot questions, and it doesn't look good for him. I had to sign a statement after. They seemed to have balooned things. The police was talking grand laceny for taking the vehicle. What statement can I give my insurance company? They claim they will call to to get a statement from me, that will be recorded. This very confusing for all of us. Is there anyway his lawyer can handle this matter? Or is this my problem to handle? Thank you so much for answering my last questions, you made me feel better just by getting back to me. I will read your answers again, in case I overlooked an answer. Sorry, if I repeated any questions. Looking forward to your reply with great interest. Suede.
Please note, I want to clear my name regarding my insurance company also. Thanks again.
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I hope you can help. My bother and I rent from our mother. His family lives downstairs, mine upstairs. We have a very long, but narrow drive-way. Due to having 5 vehicles we have a set of keys to each others vehicles to move them if necessary. Last week my vehicle was park on the end, in back of all the others. My brother 45 (I'm 48) decides instead of moving all the vehicles to get to his own, he took mine for a quick ride to the store, as we all have took each others vehicle at one time or another for a quick store shop. Anyway, he hit a stop sign, knocking it over and dragging it somewhat, until an officer pulled him over. He was charged with a DWI and leaving the scene of an accident (the stop sign) He is not insured under my insurance, obviously he has his own auto insurance. How should?could this claim be handled? Please note that he is in enough trouble due to the DWI. I don't want too much to come out of this situation. He didn't intend on stealing the vehicle, that's would be rediculus. Is he considered an unauthorized driver? I sent this question to you, because it states in the category: Auto Insurance claims. I don't know who else to ask. Please help. Suede. The state is NY. Please give me the gist of this situration. Thank you.
Note: We have to pull in off the streets at night, for the is no parking allowed, this obviously causes a lot of auto moving to going on.
My brother has only a few beers in the evening it's not like he's a drunk, but it don't matter, drinking and driving is drinking and driving. Looking forward to your reply. Thank you.
Answer -
Dear Suede,
Yikes! This is a complicated situation and it could be a good law school exam question if we just added a couple more variables, such as going to the store to get groceries for both households, or having someone injured, etc.
But, as it stands, we can cut through the issues and let you know the best way to handle it. Short answer: Let your brother submit the claim under his insurance. He IS COVERED FOR ANY CAR HE DRIVES, even if he did not have your EXPRESS permission. Thus, his insurance can pay for the stop sign and the damage to your vehicle.
DO NOT USE YOUR INSURANCE to repair the stop sign or to repair your vehicle. You may invite an inquiry into whether or not your brother had permission to use the car, and this inquiry as a (somewhat remote) chance of coming back to bite your brother. He could be charged with a crime, or the insurance company could be subrogated to your claim against him, and it could sue him.
So, let him use his own insurance company. You might ask whether or not having to repair your vehicle will raise his insurance costs. Well, if convicted of the DWI, he is going to have to have a "SR22" or "high risk" tag on his insurance record for the next three years anyway, so the rates will increase because of that; and thus your making the claim for property damage to your vehicle will not have any additional adverse impact on him.
If he is not convicted of DWI, can you save him some money by letting the body shop repair your vehicle with USED or non-OEM parts? Well, first lets look at your rights to pick out the body shop and arrange for the repairs.
Doctor Settlement has some valuable information on car accidents at www.SettlementCentral.Com.
Take a look at this page of free legal directory information regarding Car Accidents: Handling Your Damaged Vehicle--http://www.settlementcentral.com/page0007.htm.
About two-thirds down the page, look for this article--
"Your Rights to Repair Your Wrecked Car With OEM Parts"
Now that you know your rights, does it do your brother any good if you were to "cooperate" in lowering repair costs to make it easier on his insurance company? Not at all, if he does get tagged with the DWI.
And, even if he beats the DWI charge, he will have an "at fault" accident on his insurance record for three years, and the increase in his premiums will not likey be reduced if you saved his company some money in the repair bill.
You asked whether or not he was an "unauthorized driver". This should not make any difference whatsoever with respect to the claim against his own company for repair of the stop sign and repair of your vehicle.
Nor should it be used by the prosecutor to charge him with a crime. Your family can defeat such a criminal charge by showing that SOMEONE IN THE PAST HAS driven another family member's car for errands of both households.
The prosecutor might feel that while your brother did have permission to drive your car, it was ONLY for the limited purpose of moving vehicles around.
The family can defeat the basis of this charge by showing that given your situation, every one in the family is a permissive driver and it was common for food errands and the like to be run by any family member, to the benefit of other family members, even in separate households.
For example, it may be the case that people have driven the vehicles of other members for joint family errands, or that in this case, your brother was getting some food for your household. Thus, one could argue an offshoot of the "family car doctrine": he was a permissive user since he was on a mission for both families.
I trust the foregoing has been helpful to you, and I stand ready clear up anything for you or to answer any additional questions you may have about this matter.
Best Wishes to you AND especially to your brother,
Doctor Settlement
www.SettlementCentral.Com
Answer -
Hello again, Suede,
No problem in answering follow up questions. Keep asking until you are sure of what you need to know. I just hope I do not run out of answers!
To be sure I get to all your questions, I will answer them in order, and number them. Because this format is not HTML, I cannot distinguish your questions from my answers. Therefore, I will use ALL CAPS FOR MY ANSWERS. I hope you understand that I am not yelling at you, but the use of caps will help your questions and my answers stand out from one another.
1. "Is it possible for his insurance company to drop his insurance due to the DWI charge?" OF COURSE THEY CAN DROP HIM, BUT THAT DOES NOT MEAN THAT THEY FOR SURE WILL DROP HIM. HE WILL HAVE TO GET A HIGH RISK POLICY. HIS RATES WILL GO UP IRRESPECTIVE OF WHETHER OR NOT HIS INSURANCE DOES PAY FOR THE REPAIRS TO THE STOP SIGN AND TO YOUR VEHICLE.
EVEN IF NO CLAIM IS MADE AGAINST HIS INSURANCE, THEY WILL KNOW ABOUT THE DWI BECAUSE HIS DRIVER'S LICENSE WILL NOT REMAIN VALID. IN NEW YORK, CONVICTION OF A DWI IS SUFFICINENT CAUSE TO BOTH RAISE RATES AND TO CANCEL A POLICY. THERE IS A NEW YORK AUTOMOBILE INSURANCE PLAN (ASSIGNED RISK PLAN) THAT CAN ISSUE HIM INSURANCE ONCE HE IS LEGAL TO DRIVE AGAIN, BUT THE COST FOR THREE YEARS WILL BE MUCH HIGHER THAN HE IS PAYING NOW.
BY THE WAY, AT SOME POINT IF HE IS WITHOUT INSURANCE, HE HAS TO SURRENDER HIS LICENSE PLATES TO THE NY DEPARTMENT OF MOTOR VEHICLES. BIG PENALTY IF HE DRIVES WITHOUT DOING SO.
2. "I'm not that worried about repairing my car."
IF HIS INSURANCE IS COVERING THE CALIM, YOU MIGHT AS WELL WAIT TO SEE HOW THE DWI CASE GOES, AND THEN GO AHEAD AND MAKE A CLAIM AGAINST HIS COMPANY ONCE HE IS CONVICTED OF DWI. YOU COULD TELL THE ADJUSTER THAT YOU WILL WAIT TO SEE WHAT HAPPENS, BECAUSE HE WILL NOT BENEFIT AT ALL BY YOUR SACRIFICE OF WAIVING REPAIRS SHOULD HE BE CONVICTED. AT THAT TIME, HIS RATES WILL GO UP SO HIGH, A REPAIR WILL MAKE NO DIFFERENCE WHATSOEVER, SO ONCE HE IS CONVICTED, YOU MAY AS WELL GET YOUR CAR STRAIGHTENED OUT.
IF YOUR INSURANCE IS TAKING THE CLAIM, YOU MAY WISH TO FOREGO SOME REPAIRS IF IT IS GOING TO BE A HIT AGAINST YOUR POLICY. TALK TO THE ADJUSTER ABOUT THAT, AND ALSO CALL THE AGENT WHO SOLD YOU THE POLICY TO DISCUSS IT WITH HER.
3. "The stop sign matter, I'm not sure the procedure."
HE NEEDS TO GET HIS INSURANCE COMPANY INVOLVED NOW TO CONTACT THE CITY AND MAKE PAYMENT FOR THE STOP SIGN. GET THAT DONE BEFORE HE GOES TO COURT.
IF IT IS YOUR COMPANY THAT IS COVERING THIS ACCIDENT, BE SURE THAT THEY CONTACT THE CITY TO GET THIS DAMAGE TAKEN CARE OF BEFORE HE GOES TO COURT.
4. "The police did came to the house and asked a lot questions, and it doesn't look good for him. I had to sign a statement after. They seemed to have balooned things. The police was talking grand laceny for taking the vehicle."
HOPEFULLY YOU DID TELL HIM WHAT YOU STATED TO ME IN THE FIRST QUESTION: "My brother 45 (I'm 48) decides instead of moving all the vehicles to get to his own, he took mine for a quick ride to the store, as we all have took each others vehicle at one time or another for a quick store shop."
THAT W0ULD SEEM TO IMPLY THAT HE HAD PERMISSION INASMUCH AS BOTH OF YOU HAD USED THE CARS OF THE OTHER TO RUN ERRANDS. MAKE SURE THAT HIS ATTORNEY HAS THIS STATEMENT. CALL THE POLICE AND ARRANGE TO PICK UP A COPY OF YOUR STATEMENT THAT YOU SIGNED.
OF COURSE I AM ASSUMING YOU WOULD NOT ALLOW SOMEONE WHO WAS DRINKING OR WHO HAD A DRINKING PROBLEM TO USE YOUR VEHICLE.
5. "What statement can I give my insurance company? They claim they will call to to get a statement from me, that will be recorded."
FIRST AND FOREMOST, TELL THE TRUTH. DO NOT TRY TO "PROTECT" YOUR BROTHER BY MAKING UP STORIES YOU THINK WILL HELP HIM. THAT CAN (AND LIKELY WILL) COME BACK TO BITE BOTH OF YOU.
I WOULD FIRST ASCERTAIN WHY HIS INSURANCE IS NOT HANDLING THE CLAIM. HOWEVER, SINCE NY STATE REQUIRES A POLICY BE ATTACHED TO A VEHICLE, THEY MIGHT USE THE POLICY FOR THE VEHICLE AS PRIMARY.
DOCTOR SETTLEMENT HAS SOME LINKS THAT MIGHT BE HELPFUL REGARDING RECORDED STATEMENTS TO INSURANCE ADJUSTERS. ONE WORD OF CAUTION, HOWEVER: I DO NOT THINK YOU CAN REFUSE TO COOPERATE WITH YOUR OWN COMPANY IN THIS MATTER. YOU COULD ASK THAT THEY SEND THE QUESTIONS IN WRITING, BUT THIS IS AN EXPOSURE QUESTION INVOLVING RELATIVES, AND SO THEY MAY INSIST ON GETTING YOU DOWN ON TAPE WITH NO PRIOR TIME TO PREPARE YOUR ANSWERS.
HERE ARE THE LINKS TO INSURANCE ADJUSTER ISSUES AT WWW.SETTLEMENTCENTRAL.COM:
Car Accidents: Insurance Claims Adjuster:
http://www.settlementcentral.com/page0059.htm
Questions to Expect:
http://www.settlementcentral.com/page0207.htm
6. "This very confusing for all of us. Is there anyway his lawyer can handle this matter? Or is this my problem to handle?"
FIRST, IT IS YOUR BROTHER'S PROBLEM TO HANDLE, NOT YOURS. SECOND, HIS ATTORNEY LIKELY WILL NOT "REPRESENT" YOU, BUT HE CAN SURELY GIVE YOU JUST AN OUTLINE OF THE PROCEDURES AND QUESTIONS YOU ARE FACING. IT SHOULD NOT BE A CONFLICT OF INTEREST TO JUST IDENTIFY FOR YOU THE FEATURES OF THE LANDSCAPE WITHOUT GOING INTO GIVING ANY ADVICE. WHY DON'T YOU APPROACH HIM ON THAT BASIS? TELL HIM YOU KNOW HE CANNOT REPRESENT YOU, BUT WOULD HE JUST GIVE YOU SOME IDEA OF THE "FEATURES OF THE LANDSCAPE" YOU NOW FACE.
Finally, I want to thank you for the kind words of praise you posted. It is important to the next person who might want to ask to see how the "expert" responded. You can post an evaluation each time you ask a question.
I trust this information has been helpful for you. Do not hesitate to ask should anything need further explanation.
Best Wishes,
Doctor Settlement
www.SettlementCentral.Com
Answer -
Hello again, Suede,
Here are your questions, AND MY ANSERES:
1."If his insurance should be cancelled, can he still file the claim? Is there a time limit when a claim should be filed. How soon and how long does he have to file?"
YES, HE CAN STILL FILE A CLAIM AT ANY TIME ALLOWED BY HIS CONTRACT, EVEN AFTER THE POLICY HAS BEEN CANCELLED. THE POLICY WILL TELL HOW LONG HE HAS TO FILE A CLAIM. IF YOU ARE NOT SURE, ASK THE AGENT WHO SOLD IT TO HIM, OR ASK THE ADJUSTER. SHE WILL GIVE YOU THE CORRECT INFORMATION.
ANOTHER SOURCE OF INSURANCE INFORMATION IS THE NEW YORK STATE INSURANCE SUPERINTENDENT, HOWARD MILLS. HE HAS A CONSUMER LINK ON HIS WEBSITE:
http://www.ins.state.ny.us/
MY QUESTION FOR YOU IS WHY WOULD HE FILE A CLAIM ANYWAY? HE HAS NO CLAIM AGAINST HIS COMPANY FROM THIS ACCIDENT, UNLESS HE SUFFERED INJURIES. IN THAT CASE IF HE NEEDS MEDICAL TREATMENT HE BEST GET IT NOW BECAUSE THERE IS AUTHORITY IN NEW YORK THAT ONE CAN LOSE HIS NO-FAULT RIGHTS WITH A DWI CONVICTION.
HERE IS SUPERINTENDENT MILLS' DWI GUIDE THAT IS SENT TO EACH PERSON WHO BUYS INSURANCE:
http://www.ins.state.ny.us/acrobat/cl03_11b.pdf
NOTICE ON PAGE FOUR THAT A DWI CONVICTION VOIDS NO FAULT PROTECTIONS.
Hope this helps and keep asking if you have any questions. That is what we are here for.
Doctor Settlement
www.SettlementCentral.Com
AnswerNo need to apologize for continuing to ask, Suede. We all try to help, and my own words might have caused some confusion.
You have a claim against your brother for damage to your car. The city has a claim against your brother for damage to its sign.
Now, your brother is the one who can contact his insurance and open a claim so they will pay off the damages he caused. So your statement is correct: "The claim would be for the damages that occurred to my car and the stop sign."
But he has no claim of his own for injuries he suffered.
Hope this does help again. Even if you have no more questions, please keep in touch and let me know how it comes out.
Best Wishes,
Doctor Settlement
www.SettlementCentral.Com
