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Who can I sue???

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Old 11-01-2015, 07:21 AM
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When I asked the driver for the registration and proof of insurance for the car, she made all kinds of excuses to not provide them to me. During one of my conversations with her, she said she does not want anyone to know that the car got involved in the accident; because she wants to be able to sell it without anyone knowing about it. Finally, she asked me for my insurance company info to see if she can deal with them directly with cash settlement for the damages of my car. At the end, she told me she decided to file a claim with her insurance company (AAA) and let my insurance company and hers to deal with the problem. With that said, I think she was driving her parent's car. There were three other kids (in the range of 20- 21 year old) in her car; she is to even 21 until September 2016!

Why is my agent saying they are unable to find out whom the owner of the at fault vehicle is??? How long does it take for the insurance company to find out about coverage if they file an SR-19??? Why is my agent not even asking me if I was hurt??? I thought Wawanesa is the best insurance company out there.

Originally Posted by 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......

Last edited by E60I; 11-01-2015 at 10:42 AM.
Old 11-01-2015, 10:57 AM
  #12  
twh
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Never heard of Wawanesa. You claims person and/or insurance company is lame or worse.

My last three experiences...

Daughter's (still in my name) Corolla was totaled and my Fireman's Fund paid me immediately without pain of any type. They dealt with the two other insurance companies of the cars that hit her after she started sliding on a snowy road. This is *exactly* what your insurance company should be doing for you right now. In the end, the insurance company of the first guy who hit her would not accept fault and the second guy who hit her accepted fault. Not sure how getting hit from behind isn't always the car behind fault for not being able to stop/avoid. But, I don't care at some level. This is what you pay insurance for....they deal with it and you get what you need.

Daughter (same one) rear ended by a GEICO person and GEICO was easy to deal with and took responsibility immediately. All went well and fast.

Wife rear ended in her X5 by a GEICO person and GEICO was easy to deal with and took responsibility immediately. Non-GEICO affiliated body shop had it for several weeks with some back and forth over fitment and genuine BMW bumper versus not-all-that-well-fitting aftermarket. All went well in the end and GEICO paid rental the whole time without complaint.
Old 11-01-2015, 04:03 PM
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Every state has different insurance regulations but for the most part it works like this:

If the person that was driving that GT at the time of the crash had permission from the registered owner to drive the car, then the registered owner's insurance should assume liability. i.e. if you asked to borrow my car, I said yes, and then you crash it, my insurance SHOULD cover it. I say should because all states and/or insurance companies do things a little differently.

Hope that helps, I know it seems like you're in a messy situation but from the way it sounds to someone in the industry it should be pretty cut and dry.

Last edited by KyleB; 11-01-2015 at 04:13 PM.
Old 11-01-2015, 04:14 PM
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Originally Posted by E60I
When I asked the driver for the registration and proof of insurance for the car, she made all kinds of excuses to not provide them to me. During one of my conversations with her, she said she does not want anyone to know that the car got involved in the accident; because she wants to be able to sell it without anyone knowing about it. Finally, she asked me for my insurance company info to see if she can deal with them directly with cash settlement for the damages of my car.
Yep, typical. People get spooked after they crash a car. This scenario you're describing happens A LOT.
Old 11-01-2015, 07:13 PM
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Thanks, Kyle.

It sounds like I have to get everything fixed by my car insurance company first.

My 2006 530i does not come with the OEM M-tech Kit. I bought this car in 2005 and installed it a few years later without telling my insurance company about it. Will my insurance company replace what I have now, or replace my car with the "standard" rear bumper; based on what they see according to my VIN #?

I think the ending result is about getting the GT car owner insurance company to pay for everything that incurred from this accident. In the interim, I wonder how my much my insurance company will cheap out and possibly make me put a used non M-tech bumper that I don't want.

How long does it take for the insurance company to file an SR-19 and find out whether the GT has insurance or not? I heard that it can take up to 3 months, depending on how fast the DMV process such request. :-(

Originally Posted by KyleB
Every state has different insurance regulations but for the most part it works like this:

If the person that was driving that GT at the time of the crash had permission from the registered owner to drive the car, then the registered owner's insurance should assume liability. i.e. if you asked to borrow my car, I said yes, and then you crash it, my insurance SHOULD cover it. I say should because all states and/or insurance companies do things a little differently.

Hope that helps, I know it seems like you're in a messy situation but from the way it sounds to someone in the industry it should be pretty cut and dry.

Last edited by E60I; 11-01-2015 at 07:18 PM.
Old 11-02-2015, 02:55 AM
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Originally Posted by E60I
Thanks, Kyle.

It sounds like I have to get everything fixed by my car insurance company first.

My 2006 530i does not come with the OEM M-tech Kit. I bought this car in 2005 and installed it a few years later without telling my insurance company about it. Will my insurance company replace what I have now, or replace my car with the "standard" rear bumper; based on what they see according to my VIN #?

I think the ending result is about getting the GT car owner insurance company to pay for everything that incurred from this accident. In the interim, I wonder how my much my insurance company will cheap out and possibly make me put a used non M-tech bumper that I don't want.

How long does it take for the insurance company to file an SR-19 and find out whether the GT has insurance or not? I heard that it can take up to 3 months, depending on how fast the DMV process such request. :-(
If your car is driveable, I would wait and let this thing play out.

As for your rear bumper and what they'll replace it with, that will depend on any provisions in your policy for covering add on equipment and the person you end up dealing with at the insurance company. If there isn't a large price differential it will likely be moot. It might not even need to be replaced. Bumper covers are easy to repair (BTDT) If the other parties insurance covers it, they have to replace it with whatever was on the car.

I have no idea about filing an S19. We can usually find out if someone is insured in 48 hours or less here in FL.
Old 11-02-2015, 04:43 AM
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Here is what I found out after the fact:

If you are pulled over in California without proof of car insurance or any other form of financial responsibility, you may face the following fines:

$100 - $200 for your first offense.
$200 - $500 for each offense within 3 years after your first.

The court may impound your car and hold it until you are able to show a proof of insurance.

Unfortunately for me, she took forever to have someone email it to iPhone. And I really had to take a piss badly...
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