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My boyfriend's drove my uninsured car, an accident occurred, who is responsible for cost of my of repairs?
Boyfriend had right of way, other driver came from a side street, where there was a stop sign, was making a left turn across traffic, where of course he was not able to carry out because there was a car (my car!) coming. What I want to know is who should I be expecting to pay for my damages? And will be held responsible as the owner of the car, even though I was 600 miles away? I was going to renew my policy, when I returned, is that very likely? Who will insure a car thats recently been in a collision? My man is saying "I wasn't at fault" probably meaning he dosen't intend to take any responsibility. Can I then sue HIS *** off?
UPDATE: Thank you very much for the overwhelming response! I should have had insurance, your all right. I haven't seen my mom in 3 years, my plane ticket cost a lot, and I let a few bills slide! He has his own vehicle, so I figured he would only move my car while they worked on the roof. The other party just wants to pretend it never happened, and my soon to be ex, says the accident wasn't his fault, so he's not responsible. I feel like driving his precious jeep into a pole a few times, or maybe I'll stuff a steely dan into his behind while he sleeps. A women scorned is not advisable guys!
11 Answers
- BootsLv 71 decade agoFavorite Answer
So - you knew your car insurance policy was out of force and you chose to let someone drive it on the roadway.
Where is your responsibility in this?
The at fault driver's insurance company may pay for your damage. You would need to file a claim against them.
Sure you can sue your boyfriend - all you have to do is go before a judge - a court of law and an officer and admit that you knowingly broke the law by allowing your car to be driven when it had no insurance. Thereby risking the safety of the public at large.
You do realize - that if the driver of your car were to be determined at fault - that as the vehicle owner - you could be held personally responsible for any injuries or damages your boyfriend caused. The fact that you were 600 miles away would not matter - as legal owner of the car -the injured party would be able to hold you responsible.
Or - if your boyfriend has an insurance policy of his own and it has coverage - have him turn in a claim against his policy. Depending on the terms of his policy and the laws of your state - if he had collision coverage on his policy then the collision coverage may drop down and cover your car. Also, any liability coverage he has will come into to protect from injury/property damage claims filed.
Source(s): Insurance Adjuster - 1 decade ago
Does your boyfriend have his own auto insurance policy? State laws differ, but in most places, insurance follows the vehicle, not the driver. But, if the owner doesn't have insurance (which is the case here), then the "backup" would be the driver's policy. If he has his own policy, I would highly recommend giving his company a call. This way, it's technically not uninsured.
Hopefully your boyfriend managed to get the insurance information of the other driver as well (or at least a police report is available with that information). Whether one has insurance or not does not influence a claims adjuster on who is at fault or not (it's so common afterall). Assuming that your boyfriend is not at fault, then the other party will be responsible for your vehicle repairs and any necessary car rental (of a similar vehicle) while it is in the body shop.
Will you personally be held accountable? Did you give your boyfriend permission to drive the vehicle that day fully knowing that it wasn't insured? Or did he take your keys and drive it without your knowledge? Those can be important if your boyfriend is found to be at fault (or even partially at fault).
Most companies will insure a vehicle that is damaged, but they will consider it as "pre-existing" damage.
As far as suing your boyfriend, you can sue for anything, it's just a matter of getting it to the courts. Also, if your boyfriend did take the car without your knowledge and permission you can also file a car theft criminal charge against him.
- AnonymousLv 71 decade ago
Well, if the other guy hs insurance, they should pay up to the policy limit, which might not be enough to cover your damages. If not, YOU have to pay for the repairs.
Of course, as the owner of the car, you're responsible. Unless you file theft charges against the boyfriend, HE'S certainly not at fault here. From the way you describe the accident, he didn't cause it, and you're not going to be able to collect from him, even if you sue him - you won't win.
You can't renew a cancelled policy. You're going to have to start over. You won't get collision coverage on it until it's fixed.
Source(s): agent, 21+ years - oklatomLv 71 decade ago
If it truly was NOT his fault, depending on the state you are in, the person causing the accident is responsible to make you, as the owner of the car, whole.
Start by getting a copy of the police report, which will indicate what really happened and hopefully have the name of the other party.
If it looks like it really was the other party's fault, write him and ask him to compensate you for your damages, but of course you need your boy friend to get an estimate of damages so you will know what to charge.
If you are in a state like CA where you are automatically at fault if you aren't insured, you may be out of luck.
My personal opinion, for what it's worth: If he was a man, he would take responsibility and take of it for you.
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- 1 decade ago
Who is at fault and responsible for the accident damages varies from state to state but usually whoever is ticketed by the police is to blame. If the other driver got a ticket then their insurance should pay for your car.
The only way to protect yourself in this situation is to say your boyfriend stole your car. If you don't say it was stolen that you basically "admit" that he had permission and you are responsible for the insurance on the car.
- Anonymous1 decade ago
Wow- good thing your boyfriend didnt hit a school bus of children with your uninsured car huh? Inconsiderate selfish person putting us all in danger.
If the other driver HAS insurance (you know, like a good person) and is found at fault by them- they will pay for your repairs.
If he doesnt have insurance or they dont find him 100% at fault- your genius self who now doesnt haev anyone to help you (since you didnt pay insurance) dont have much you can do.
Not only that.. but if they find your boyfriend a percentage at fault.. they will sue YOU directly for their drivers damages at that percentage... YOU are the owner... YOU are responsible to have it insured.
Sure, try to hire a lawyer.. and enjoy them taking as much money from you as it would cost to repair your car.
Im sorry- i have absolutely no symphaty for uninsured drivers- its one of the most selfish things you can do. Sure, none of us like to pay insurance.. some of us can barely afford it.. but we DO b/c we have to. I hope they dont have insurance so you learn a lesson.
- miiiikeeeLv 51 decade ago
The person who the car is title to has sole responsibility for any actions of the vehicle. Comes to paying for the other vehicle you are responsible and then you will have to sue the boyfriend to recover it .
- 1 decade ago
Above all else it's your responsibility to make sure your car is insured. All liability falls in your hands.
Source(s): Past experience. - dirttrackgirl_77Lv 51 decade ago
you mean sue your man? yeah you could take him to small claims court if you want to. You should have had insurance. Chances are you will be liable for your own repairs.
- geezuskreyestLv 51 decade ago
I agree with oklatom. But insurance laws a very tricky, I would not waste another minute, go see a lawyer!