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  #46  
Old 12-12-2004, 04:11 PM
boneheaddoctor's Avatar
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Join Date: May 2004
Location: Hells half acre (Great Falls, Virginia)
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[QUOTE=michakaveli]
Quote:
Originally Posted by boneheaddoctor
Owner of the car is still personally Liable in most states...........wheater or not the driver was covered.......QUOTE]

If a person is excluded from a policy then there is no coverage for that person. Unless the person is a resident of th ehousehold you may have some grounds. Depends on the insurance conditions for that particular state and policy...
That excludes the insurance Company from liability.....NOT the vehicles owner.......Huge difference.

You loan your car out to someone who IS covered and they put a family of 5 in an ICU for a month.....and the costs far excede your coverage.....do you think they can't go after YOU the owner for the rest? If you think not you are sadly mistaken.........If that owner did not report the car stolen, or file stolen vehicle charges against the driver THEY ARE responsible for anything that happens......You better talk to another Lawyer.....if you haven't already you better get a lawyer.

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  #47  
Old 12-12-2004, 08:09 PM
84 240D Euro 5sp
 
Join Date: Oct 2004
Location: Brunswick, GA
Posts: 304
Uninsured driver

A little wrinkle that may be of some help if it exists in your state in some form:

Some years ago a young guy pulled out right in front of me - rainy conditions, no time to stop, T-Boned him, both cars totaled. The police stated he was 100% at fault. His insurance had been cancelled the night before for non-payment. I had to take him to small claims, got a judgement for $2200 (a lot of money to me, even tho it was about $800 less than my loss) ..... youngster's father laughed at me on the way out, said they'd never pay. I found that Florida has an Office of Financial Responsibility ---- when they were properly notified (with certified copies of everything), they suspended the young man's license to drive until he satisfied the judgement. The reasoning here is that one loses the privilige of driving until one has fulfilled one's financial responsibility. This worked --- in a very short time the father called, spluttered a bit, made a deal for $2000, and paid up ------ because the son had to drive in order to work. At least I could buy something to drive ... The young owner may be in a similar situation -- which of us can get around without a car? -- and may have to find a way -- like a relative --- to settle up.

Best of luck.
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  #48  
Old 12-19-2004, 08:24 PM
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Join Date: May 2004
Location: rock hill,sc
Posts: 6
Question sell to insurance co or have repaired???

I am having my 1991 350 sd turbo repaired to the tune of over $6,600.00 in lew of a cash settlement of close to $10,000.00.[thanks to the unlucky deer that decided to dart out of nowhere and cause all this damage].the reason that i decided to have it repaired is mainly that the frame wasnt damaged--just cosmetics---also i am gaining a new paint job [complete].
the only other thing that you might want to consider is settling with the insurance co but be able to buy it back from them at salvage value[which is quite high].--do the math and see which is best for you.
sorry that you have to go through all this;however you are not alone.
barnes
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  #49  
Old 12-20-2004, 01:57 AM
miamimike's Avatar
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Join Date: Nov 2004
Location: Miami,Fl.--a northern suburb of Havana,Cuba
Posts: 264
Quote:
Originally Posted by estod
A little wrinkle that may be of some help if it exists in your state in some form:

Some years ago a young guy pulled out right in front of me - rainy conditions, no time to stop, T-Boned him, both cars totaled. The police stated he was 100% at fault. His insurance had been cancelled the night before for non-payment. I had to take him to small claims, got a judgement for $2200 (a lot of money to me, even tho it was about $800 less than my loss) ..... youngster's father laughed at me on the way out, said they'd never pay. I found that Florida has an Office of Financial Responsibility ---- when they were properly notified (with certified copies of everything), they suspended the young man's license to drive until he satisfied the judgement. The reasoning here is that one loses the privilige of driving until one has fulfilled one's financial responsibility. This worked --- in a very short time the father called, spluttered a bit, made a deal for $2000, and paid up ------ because the son had to drive in order to work. At least I could buy something to drive ... The young owner may be in a similar situation -- which of us can get around without a car? -- and may have to find a way -- like a relative --- to settle up.

Best of luck.
ESTOD--Thanks for that little bit of info on the "Fl.Office of Financial Responsability. I have a issue with a driver here in Miami who doesn't want to pay up when he banged a nice 81 300TD a while back and I am going to now pursue him under this Dept. you mention. Great Idea!!
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  #50  
Old 12-20-2004, 02:06 AM
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Location: Miami,Fl.--a northern suburb of Havana,Cuba
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Quote:
Originally Posted by JHZR2
Thats right, I was driving on I-95 south in CHester, PA when all the traffic came to a very abrupt stop. The cars in front of me locked up brakes and had a really short stop. I was far enough back to slow down and be able to move in avoidance, but the young girl driving behind me wasnt so able.

I was 95% out of the lane, car at an angle changing lanes rapidly when she smashed my left rear quarter panel. It tore open. The effect of her hitting me was for my car to obey physics and skid forward a bit (despite tires and direction being out of the lane), causing me to graze the side of the car in front of me. I stopped from that impact alongside the car that in front of me, and the car that hit me continued onward to hit the car that originally was in front of me.

I was completely safe, my dear car provided an excellent cage for me, but the car wasnt so lucky, with the rear quarter panel shot, front quarter panel scraped up, rear bumper completely off, opposite side of the car rear top quarter panel buckled out, trim strips on car fallen off (one managed to end up on the other side of the road), and my car ruined. The driveline seems to still be 100%, it runs great, the problem is just that the smashed quarter panel bent metal to the point that it contacted the tire. I could move the car, but the metal rubs strongly against the tire, so it isnt good for more than short distances.

I'm not ashamed to say it, after the cops and other cars left, and I was waiting for a bit of assistance, from my parents, whom I was going to meet for lunch, I broke down and weeped and cried. This car was my pride and joy, I loved talking about it, driving in it, telling people about how great old MB diesels were, etc. I saw one drive by as I waited there, and it brought a smile to my face. But I cried and cried. Here I am, 6ft 4, 225 lb athlete, college gradute, mature young man, and I was weeping over my beautiful car that was ruined. I am completely distraught, rather depressed, and uncertain of what will happen. I fear that my car wont be repairable, arent those rear quarters attached to the roof and overall structure?

I would love any advice anyone can give regarding dealing with insurance companies to get satisfaction with cars like this. Mine was pristine, had lots of $$$ invested, and it is such a shame. It ran like it was day #1. I dont want to get ripped off by her insurance company (the officers there advised me that the girl that hit me was at fault for the whole thing). I can assure you all that a large portion of the weekend will be spend searching the archives to see how others dealt with insurance companies after getting hit. I know there were lots of issues.

So Ive attached some pics. Please tell me if you think it is repairable, I really hope so. I know adsit sells some w123 body panels, etc.

ANy comments or advise would be great. Thanks very much,

JMH

Sorry about your loss !! A few years ago my trusty old Volvo240 wagon was involved in a T-Bone accident and not my fault. However-I had no emotional attachment to the car and I payed only $1300 for the volvo origianlly but was offered $3700 as a settlement. The buyback was $700--way too much. I grabbed the $3700 and ran to the bank. The insurance of the other fellow was balking at paying up but as soon as I mentioned I may have to visit the Doc for possible "Whiplash" seemed the settlement check appeared out of nowhere. Seems the Whiplash comment was the catalyst that moved the deal !!

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