Car accident last night...need advice
Nov 11, 2007, 09:23 AM
#18
Most insurance policies cover a licensed driver who was a permissive user of someone else's vehicle (in other words, if I loan my car to someone else, and they wreck it, I'm covered for the damage to my car and to any other person's car that was involved, if the person I loaned my car to was at fault).
Your problem is that your postings here suggest that you were the primary driver of the car, and that the car should have been insured with those facts disclosed to the insurance company when you bought the policy, but that you didn't do that because the cost would have been much higher if you had told the insurance company the truth about who was driving the car and where it was located. The reason that the price changes by age, driver, and location is that the risks that the insurer is insuring are different due to these factors. When you materially mislead the company, the company can retroactively void your coverage, because you intentionally misled the insurance company into calculating your premiums based on lower risks than they were actually having to take, and the true risks they were undertaking were much higher. This is an extraordinarily stupid thing to do -- you buy insurance but if you ever have to make a claim, they can refuse to cover you, because you lied to them when the coverage was first extended.
If you are successful in getting the insurance company to cover the damages from the collision, by misleading the insurer about the facts again, and the insurance company finds out about the true facts later, you (and your dad) may well be prosecuted for insurance fraud. Think about it, and be very careful what representations you make to the insurer. Talking to a lawyer immediately about your situation would be a very good idea.
Losing control of an Evo under normal driving conditions is not an easy task. That part of your representation of the collision circumstances does not convince me, either. Your car did not go "out of control" by itself -- you were driving the car and lost control. You're responsible to keep the car under control at all times. Unless there was a sudden emergency, you're at fault for failing to maintain control of your vehicle.
The police report will have the information about road conditions or any other circumstance that would have contributed to the cause of the collision. That will be available to you, and also to your insurance company. They will get a copy of it before they pay you, so you better take a look at it as soon as it is completed and available for you to review.
Your problem is that your postings here suggest that you were the primary driver of the car, and that the car should have been insured with those facts disclosed to the insurance company when you bought the policy, but that you didn't do that because the cost would have been much higher if you had told the insurance company the truth about who was driving the car and where it was located. The reason that the price changes by age, driver, and location is that the risks that the insurer is insuring are different due to these factors. When you materially mislead the company, the company can retroactively void your coverage, because you intentionally misled the insurance company into calculating your premiums based on lower risks than they were actually having to take, and the true risks they were undertaking were much higher. This is an extraordinarily stupid thing to do -- you buy insurance but if you ever have to make a claim, they can refuse to cover you, because you lied to them when the coverage was first extended.
If you are successful in getting the insurance company to cover the damages from the collision, by misleading the insurer about the facts again, and the insurance company finds out about the true facts later, you (and your dad) may well be prosecuted for insurance fraud. Think about it, and be very careful what representations you make to the insurer. Talking to a lawyer immediately about your situation would be a very good idea.
Losing control of an Evo under normal driving conditions is not an easy task. That part of your representation of the collision circumstances does not convince me, either. Your car did not go "out of control" by itself -- you were driving the car and lost control. You're responsible to keep the car under control at all times. Unless there was a sudden emergency, you're at fault for failing to maintain control of your vehicle.
The police report will have the information about road conditions or any other circumstance that would have contributed to the cause of the collision. That will be available to you, and also to your insurance company. They will get a copy of it before they pay you, so you better take a look at it as soon as it is completed and available for you to review.
Last edited by CO_VR4; Nov 11, 2007 at 09:28 AM.
Nov 11, 2007, 09:29 AM
#19
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Im not sure if you guys are familiar with the FDR in manhattan those of you who do drive that road might understand... the road is filled with crap on the floor big potholes and crappy road
Nov 11, 2007, 09:32 AM
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Most insurance policies cover a licensed driver who was a permissive user of someone else's vehicle (in other words, if I loan my car to someone else, and they wreck it, I'm covered for the damage to my car and to any other person's car that was involved, if the person I loaned my car to was at fault).
Your problem is that your postings here suggest that you were the primary driver of the car, and that the car should have been insured with those facts disclosed to the insurance company when you bought the policy, but that you didn't do that because the cost would have been much higher if you had told the insurance company the truth about who was driving the car and where it was located. The reason that the price changes by age, driver, and location is that the risks that the insurer is insuring are different due to these factors. When you materially mislead the company, the company can retroactively void your coverage, because you intentionally misled the insurance company into calculating your premiums based on lower risks than they were actually having to take, and the true risks they were undertaking were much higher. This is an extraordinarily stupid thing to do -- you buy insurance but if you ever have to make a claim, they can refuse to cover you, because you lied to them when the coverage was first extended.
If you are successful in getting the insurance company to cover the damages from the collision, by misleading the insurer about the facts again, and the insurance company finds out about the true facts later, you (and your dad) may well be prosecuted for insurance fraud. Think about it, and be very careful what representations you make to the insurer. Talking to a lawyer immediately about your situation would be a very good idea.
Losing control of an Evo under normal driving conditions is not an easy task. That part of your representation of the collision circumstances does not convince me, either. Your car did not go "out of control" by itself -- you were driving the car and lost control. You're responsible to keep the car under control at all times. Unless there was a sudden emergency, you're at fault for failing to maintain control of your vehicle.
The police report will have the information about road conditions or any other circumstance that would have contributed to the cause of the collision. That will be available to you, and also to your insurance company. They will get a copy of it before they pay you, so you better take a look at it as soon as it is completed and available for you to review.
Your problem is that your postings here suggest that you were the primary driver of the car, and that the car should have been insured with those facts disclosed to the insurance company when you bought the policy, but that you didn't do that because the cost would have been much higher if you had told the insurance company the truth about who was driving the car and where it was located. The reason that the price changes by age, driver, and location is that the risks that the insurer is insuring are different due to these factors. When you materially mislead the company, the company can retroactively void your coverage, because you intentionally misled the insurance company into calculating your premiums based on lower risks than they were actually having to take, and the true risks they were undertaking were much higher. This is an extraordinarily stupid thing to do -- you buy insurance but if you ever have to make a claim, they can refuse to cover you, because you lied to them when the coverage was first extended.
If you are successful in getting the insurance company to cover the damages from the collision, by misleading the insurer about the facts again, and the insurance company finds out about the true facts later, you (and your dad) may well be prosecuted for insurance fraud. Think about it, and be very careful what representations you make to the insurer. Talking to a lawyer immediately about your situation would be a very good idea.
Losing control of an Evo under normal driving conditions is not an easy task. That part of your representation of the collision circumstances does not convince me, either. Your car did not go "out of control" by itself -- you were driving the car and lost control. You're responsible to keep the car under control at all times. Unless there was a sudden emergency, you're at fault for failing to maintain control of your vehicle.
The police report will have the information about road conditions or any other circumstance that would have contributed to the cause of the collision. That will be available to you, and also to your insurance company. They will get a copy of it before they pay you, so you better take a look at it as soon as it is completed and available for you to review.
What is the speed limit on FDR, because the OP stated he was "cruising around 70 mph." If I remember correctly, isnt 55mph? If that is the case then he was definately speeding.
Nov 11, 2007, 09:33 AM
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And why are you making me out to be the Devil.
This was my dream car I was scraping up the little that I earn for years so I can finally even think about affording the car .. the insurance company is the real fruad 9,000 a year for insurance.. thats twice the payments im paying for the car...
This was my dream car I was scraping up the little that I earn for years so I can finally even think about affording the car .. the insurance company is the real fruad 9,000 a year for insurance.. thats twice the payments im paying for the car...
Nov 11, 2007, 09:51 AM
#26
Wouldn't it make sense to look into this back when you decided you didn't want to spend $9k/year on insurance and had it put in your dads name? 
The potential for saving $9k/year on insurance doesn't really outweigh the risk of potentially junking a $23k car you owe money on. You are really fortunate other cars/property weren't involved.
The potential for saving $9k/year on insurance doesn't really outweigh the risk of potentially junking a $23k car you owe money on. You are really fortunate other cars/property weren't involved.
Nov 11, 2007, 09:53 AM
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I have a clean driving record ... not a single point ... not a single ticket ... not a single accident up until last night ... I have my licenese for over a year.. and my insurance is that high....
Nov 11, 2007, 09:53 AM
#28
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I find it hard for an Evo to suddenly lose control by only changing lanes @ 70mph unless ice, hydroplane, huge pothole, or tapped by another car. Either way, good luck on the claim and I hope you were smart enough to get GAP coverage to cover the amount remaining on your loan after the insurance pays KBB. Your dad should have a copy of his insurance policy. Just read it!
Go talk to an expert, not EvoM community. Amatuer advice doesn't mean crap when dealing with court or claims.
Go talk to an expert, not EvoM community. Amatuer advice doesn't mean crap when dealing with court or claims.
Nov 11, 2007, 09:55 AM
#29
And why are you making me out to be the Devil.
This was my dream car I was scraping up the little that I earn for years so I can finally even think about affording the car .. the insurance company is the real fruad 9,000 a year for insurance.. thats twice the payments im paying for the car...
This was my dream car I was scraping up the little that I earn for years so I can finally even think about affording the car .. the insurance company is the real fruad 9,000 a year for insurance.. thats twice the payments im paying for the car...
Nov 11, 2007, 10:01 AM
#30
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I find it hard for an Evo to suddenly lose control by only changing lanes @ 70mph unless ice, hydroplane, huge pothole, or tapped by another car. Either way, good luck on the claim and I hope you were smart enough to get GAP coverage to cover the amount remaining on your loan after the insurance pays KBB. Your dad should have a copy of his insurance policy. Just read it!
Go talk to an expert, not EvoM community. Amatuer advice doesn't mean crap when dealing with court or claims.
Go talk to an expert, not EvoM community. Amatuer advice doesn't mean crap when dealing with court or claims.
Just thought I'd be able to post here in the meantime and see if others went to the same thing. Im not sure on how I lost control either maybe I hit a pothole or there was something on the road.