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I was found at fault in a car accident and my insurance is denying liability. HELP!?

Author : Kimberly

Submitted : 2018-01-09 12:20:55    Popularity:     

Tags: accident  car  fault  liability  denying  

My dad is the policyholder of our car insurance with Gainsco Insurance. I was recently in an accident where I was found at fault. It was a minor rear-end incident. I drove my car off the scene and the other driver is with Progressive and had to get hers t

Answers:

Sounds like your father is a bum! You're screwed! Sorry!

It's not your insurance if your Dad failed to put you on the policy. Not too hard to figure out. You had and probably still have NO INSURANCE, which is against the law. You're screwed. Pay up out of your own pocket.

Pay up! No other options. All insurance companies require any licensed driver who lives with the primary insured be listed as an additional driver. You were not listed, therefore, you are not covered.

It's your fathers fault for allowing you to drive the car knowing that you were not on the policy.

It is unclear if your dad had you as an (excluded) driver, or just failed to add you to his policy. If he had you as an excluded driver, would mean that he would have signed a form agreeing that you would (never, never, ever,ever ) drive the vehicle (under any conditions) and if so, then they don’t pay a dime.

Or, if he just failed to add you as a driver (when) you got your license. See, the cost of add a teen to a parents policy could make the premium double or more, thus many parents don’t want to, since teens are very expensive.

(“but I do live with my dad, hence why he lets me borrow it every now and then. I do not drive the car often, which is why he didn't bother adding me onto the policy”)
.
But most companies have a rule, that (any) licensed drivers that live in a household, should be listed on the policy, since all drivers have accessed to (any) car at any time, which is exactly what happened, that dad took a chance that you would not have an accident, thus not have to pay the higher premiums.

The (owner) is responsible for any damages that (anyone) causes from their vehicle and has an accident. Now, if you are age 18 and older, then Progressive can go after your father (owner) and you the driver for this accident.

Now you may have a bigger problem than just the vehicle damages, but the other driver could claim for injuries from this accident. It is not uncommon in a rear end accident, that they complain of “whiplash” and if so, then that can be really costly, then you would owe for the medical bills, any lost wages (plus) the pain and suffering.

You can seek the advice of a lawyer, and most will give you 1 free short consult for free in person, but, the lawyer can’t do anything to help you, since this is clear fault, and whatever Progressive pays in this accident, will be documented and owed.

You need to talk to your dad about how he will be paying for the damages, or that (both) of you split the damages. .

No, they're not going to get anything out of you. They should be seeking compensation from your father, not you. He's the owner of the vehicle you were driving, so he is responsible for any loss or damage it causes. That's how the law works in Georgia and every other state and province.

The owner, not the driver, is responsible for their vehicle. Progressive should know that, but remind them anyway.

This isn't your problem, so hand it all over to your dad. He knew the risk he was taking when he handed you the keys to his vehicle. And if he didn't know, yes he did because he signed a contract saying he did know.

Geico has the right to deny coverage, because your dad (not you) signed a contract with them and then violated the conditions of that contract. When he did that, he agreed to take personal responsibility for any accident damage that might happen. He can't un-agree to that now, just because he doesn't like how things turned out.

Tell Progressive to contact your dad, the owner of the vehicle. Dad can then use the money he saved from not adding you to his policy to pay off the damage costs.

How old are you? Do you have your own car? These are key questions here.
You and your dad did not understand the part of insurance dealing with what is called a "Casual Driver."
In most cases a younger person in the same household has to be listed on the policy or actually listed as an "Excluded Driver." That may required the vehicle owner to sign a notarized letter stating the other will will NEVER drive their car, not drive it one foot or one minute.
A casual driver example is my cousin who is 40 years old comes to visit me from out of town and drives my car over the weekend, or I drive my neighbor to the airport in their car a few times per year, both situations are covered as these are non-resident casual drivers.
I am guessing your dad will be named in any lawsuit. How much are the damages?
Do not make any other statements to anyone, you guys need to hire an attorney immediately. Even if you want to simply pay for the damages, you still need an attorney to write up the paperwork to make sure the other party does not sue you later for something else.
Have your dad read this post.

If you are under the age of 21 and living with dad, and are a licensed driver, you are supposed to listed. That avoids problems like this.

While you ultimately are at fault, dad is on the hook as well for allowing an non-insured drive his vehicle. Between you and he, the bill will be paid!

Update: Also, I live in GA.

Get a second job since you and dad will have to pay out of pocket for the damages you caused......expect to be sued.

You need a lawyer and some $$.. You weren't on the policy, you aren't covered. You get to pay the bill!



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