E60I

Hey guys,

I got rear ended by a 2016 BMW GT 535. The driver does not own the car. At the time of the accident, the driver could not provide me the car registration and proof of insurance.

I have provided my insurance company her driver license, pictures of the the damages of the cars and the other car's license plate.

My claim adjuster ( from Wawanesa insurance co.) said he is unable to find out who the owner of the vehicle at fault is and whether it has insurance or not.

The driver of the other car has insurance with AAA for her car (not involved in the accident).

My claim adjuster said I cannot use my uninsured motorist coverage waiver because they can not determine whether the other car that was involved in the accident has insurance or not.

My insurance company is giving me the impression that I am Shit Out of Luck because AAA (driver's insurance co.) is investigating whether they are obligated to cover for the accident. It appears as if they want the owner of the BMW GT 535 to pay for the accident.

In the meanwhile, if I want to get my car fixed right away, then I will have to pay my $500 deductible for my collision coverage!

Can AAA (Driver -at -fault's insurance company) get away without paying for my car damages and bodily injury by diverting the burden on to my insurance company to find the owner of the BMW GT owner to sue?

twh

Somebody holds the title to the car. The car has a VIN -- it has a title -- it has an owner.

If it is financed, the person financing it is on the title, while the finance company is a lien holder.

Your insurance company is being seriously lame. It should be their problem to find out who has the title. They should pay to fix your car and battle behind the scenes to figure out who they sue. It isn't you job to figure out who to sue. Your insurance company will either find another insurance company to settle with or they will have to sue the owner. But, that is NOT your problem. You need to talk to someone higher up in the insurance company.

In addition, if the other driver has AAA Insurance, the policy will cover her driving someone else's car if the car happens to be uninsured. Most, if not all, normal insurance policies say this.

seanjordan20

You should get rid of your insurance as soon as this is settled. You pay your premium just for cases like this. Your insurance should cover the damage less your deductible and go after the driver of the car insurance. Once they settle you would get your deductible back.

Your insurance is just giving you the run around on services you pay them to do. I have had this happen to me a couple of times in FL and both times my car was fixed with no issue and my deductible refunded to me within 30 days.

AAA insurance company is obligated because it was their customer that was driving. Everyone knows that. It does not matter who owns the car because they were not driving. You just collect their information because it is their car and papers. They will not get away without paying because the owner of the car insurance will not pay or even listen to it. Let the companies hash it out and keep checking on it to get your $500 deductible back.

E60I

Guys,

Thanks for your suggestions!

Here is a link that says "Car Insurance Follows The Car":

https://www.esurance.com/info/car/my...ows-the-driver

If that is true, I am a bit hesitant to file bodily injury due to this complication. I am the kind of guy who can endure any kind of pain and let it pass. But, too many people are telling me to file.

Please assess the damages and tell me what you think. More importantly, how much do you think it will cost to get my car repaired!?

twh

Here is an except from a policy...basically says that any car you drive is covered...

seanjordan20

You are right the insurance does follow the car but only in the event the driver of the car does not have insurance. Your insurance covers a third party if they have an accident in your car and is not insured. If they are insured it is the responsibility of the third parties insurance to pay. This is why the companies deal with the issue themselves. If you are having issues then you would make the not at fault claim under your insurance then your company gets the money from the at fault company. Then will return your deductible.

E60I

I went to a body shop to get an estimate for the repairs today. The body shop guy said AAA (driver's insurance company) will pay for "my damages" because "their insured" is "the direct cause" of the accident and obviously at fault. In a lawful and "ethical" point of views, it makes total sense when he explained it!

As far as the damages to the other car is concern, AAA might look for a loophole to avoid liability for the following legal reason: "Insurance follows the car".

In summary, the chance of AAA paying for my damages is 99% guaranteed. After all, "their insured" is totally liable for this accident!!!

Behind the scene, I think the insurance company for the owner of the other BMW will do their best to make sure their damages will also be compensated by AAA. Those two companies will be suing each other, and AAA might win if "the driver" had permission to use the car. In this scenario, "the insurance does follows the car".

Until I get my car fixed and tell you the actual outcome, what do guys think of what I conveyed?

twh

Seems right. AAA Insurance is likely talking to the car owner's insurance.

E60I

Again, thank you for your help!

I will share my experience when everything is settled.

Have a great weekend.

abe76247

The unknown according to the posts is whether the driver was using the car for her own purposes or was she doing something for the owner.
If you tell a friend to go to NAPA parts store to get a tube of sealer then the driver is your agent and you retain liability in many cases unless the driver was grossly negligent. I'm sure some states' laws may define this differently.

The wishy-washy behavior of insurance adjuster may be well founded. He may be waiting for some statements before he acts prematurely and begins repairs in a case where he may lose the ability to be compensated during subrogation.


BTW, I just hate seeing BMW on BMW violence......