QuestionQUESTION: I was involved in an accident at my packing lot. I was driving a car owned by a friend without his permition. The car was parked with front facing the driveway, but the car parked next to it had it's rear end facing the driveway. Tried to drive out a little like 2 feet so I could see an upcoming vehicle before I make a left turn and this car came too close to my car speeding and my car formed a T with her car. She was pregnant and had another passenger on the side that was hit. We exchanged infos. I gave all infos including my name, address, home & cell phone, the VIN of the car and the insurance policy # but forgot to write the Insurance company name. When I showed them the Insurance Card that the car did not belong to me and I was not insured under the insurance. She decided she was going to send me the estimate insted. When she gave me back her info, it was just a her name and cellphone # on it. She was obviously not hurt but I asked if she would like to go to the emergency room, but she said she was fine. They left the scene and I left afterwards.
An hour later, I called to check on her and she gave the phone to someother lady to speak to me insted. The lady asked to call me back on another #, which she did and started yelling at me to provide her with the name of the car owner or she was gonna get it from the MVA, since they'll like to go through the Insurance. She hung up on me, when I told her I have to talk to the car owner first and that the driver did not provide me with her insurance info at all or a VIN #.
A week later, I started getting calls from some insurance company (her insurance) and the cars old insurance company saying the cars insurance had expired before the accident.I ignored the calls.How is this gonna play out. Apparently, they know someone at the MVA who gave them the car owners info and the insurance info which happened to be the old one MVA had on file. Now her insurance company is asking me to provide them with the new insurance company info. They obviosly being greedy, probably trying to make bogous insurance claims. They are trying to make it look like a gave them the cars old insurance info. She never contacted me with the estimates as I agreed to fix her car. Are they going to sue me or is it a crime to ignore insurance companies regarding an accident claim. Also who's fault is it. Is it 50/50 or 99/1
ANSWER: Hi Withney,
Unfortunately your description of how the accident happened was clear enough for mew to determine who was at fault.
You do need to contact the other persons insurance company and provide the correct information about the insurance that was on the car you were driving at the time of the accident. You will also need to have the owner of the car you were driving to call their insurance company to report the accident. If it is learned that you were driving without permission, the insurance company may deny the claim which would mean that you would be personally responsible for paying for any and all damage. The owner of the car may want to indicate that that you did have permission. Permission may also be assumed if you had access to the keys.
If the insurance is ok then they will takle statements from both drivers and will decide who was at fault.
I hope this helps
Richard Hixenbaugh
---------- FOLLOW-UP ----------
QUESTION: I'll try to talk to the car owner to call his insurance company to report the accident. However, he had stated he does not want to go through the insurance since this will raise his rate for an accident he was not directly involved in. I guess, if he refuses, I'll just have to bear the cost myself.
How do I get to contact the insurance company of the other driver if he does not provide me with the information? If I continue to ignore the insurance company, is it a CRIME? Should I wait till I get sued by the other driver or her insurance company or what should I do? Will this be concidered a "HIT & RUN" even though I provided my info at the scene or not? Also. if I am able to get the insurance info from the car owner will this accident be on his driving record or mine? I wish I was driving my car on the day of the accident. I don't mind it being on my driving record, I just don't want it on his record. Pls help! Thanks.
AnswerHi Withney,
Do not wait until you get sued. You should call the insurance company right away. Give them your statement of what happened and the information of the vehicle owner you were driving. This incident will show up on your driving record but the claim will be on the car owners insurance. This will not be considered a hit & run so don't worry about that.
If the other driver will not cooperate and you feel that you were not at fault, then you can file suit against te other driver in small claims court.
I hope this helps
Richard Hixenbaugh
