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CriminalDefense, Attorney
Category: Traffic Law
Satisfied Customers: 27591
Experience:  10 + years in Traffic Ticket Defense, DUI/DWI and Criminal Defense cases
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I believe I need an expert on auto insurance and accidents.

Customer Question

Hello, I believe I need an expert on auto insurance and accidents. My girlfriend drove my car and was hit by another car that ran a red light. She's not on my policy among other issues. I need to know if my insurance is going to do the proper investigation and back me up. Also I need to know if I am vulnerable to being sued. I have concise details that I can send. Thank you!
Submitted: 2 years ago.
Category: Traffic Law
Expert:  CriminalDefense replied 2 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good afternoon. Have you had a chance to review your policy or do you know if third parties are covered? Was the other driver cited and at fault? Is their insurance company going to pay for the damage to your car? Is fault an issue at this time?
Customer: replied 2 years ago.
Fault not an issue, the other party ran a red light. Other driver not cited though as no police summoned to scene. My concern is not my car, I'm concerned about A. my insurance, and B. the other party (semi-hostile behavior). Here are the quick factors: Factors
1. No available camera footage or witness
2. No police summoned to scene
3. Driver lives with insured but is not on policy
4. My insurance: Vehicle not covered for collision
5. My insurance: 3rd party not covered for injury
6. Driver used vehicle 2 times per week
1. License expired for 2 years
2. Visa expired (from Thailand)
1. Delayed Police Report filed on time (within the 10 day requirement)
2. Notified my (Infinity) insurance of accident, provided all detail to claims department including delayed police report. I did not request a claim for damage to my vehicle. I asked them to engage in an investigation out of concern for 3rd party aggressive behavior
Customer: replied 2 years ago.
At time of accident there were no injuries to either party
Expert:  CriminalDefense replied 2 years ago.
What type of behavior did the other driver demonstrate? Also, what is the concern about your insurance? In addition, when you mentioned the driver above with an expired license for 2 years, do you mean the person driving your car?
Customer: replied 2 years ago.
Yes she is my girlfriend (from Thailand), and lives with me.
Customer: replied 2 years ago.
Other party threatened Tallahassee court, tried to say that my girlfriend should not have hit them. no serious threats but suspect foul play as they lied about some things
Customer: replied 2 years ago.
need to take necessary steps to protect myself
Customer: replied 2 years ago.
My insurance: here is the summary:
1. My insurance: told me that I would have to speak to the other insurance directly when the third party’s insurance investigates
A. Is this normal? Will my insurance handle this investigation and back me up legally? They did say that that are going to investigate. However, they said they only needed photos and did not need to see the vehicle in person
B. Should I talk to the other insurance company?
Expert:  CriminalDefense replied 2 years ago.
If you knowingly allowed her to drive your car, without a license, there could be an issue/problem. Your insurance company may not get involved and deny all claims, since she was not covered and should not have been driving and could possible result in you having to defend the claim on your own. Now, since the other driver was at fault, you can always try and go after them and their insurance and sue for damages but your insurance company could have a basis to not get involved. Now, if the other driver wants to sue, they could and you would have to defend the claim. As the owner, they could try and go after you and her. If they do sue, you need to advise your insurance company at once. Let them be the ones who say they will not defend this and you have to handle it yourself. Now, as far as fault, it will be your girlfriends word against the other drivers and the police should have been called to the scene to investigate and document this. The accident scene may have revealed fault and the point of impact and damages.
Customer: replied 2 years ago.
i realize i had more than one question here, and I am willing to pay more..
Having said that, your response has actually made me MORE worried.
Expert:  CriminalDefense replied 2 years ago.
Have they demanded any money from you? What exactly have they said or are they after?
Customer: replied 2 years ago.
the other party originally wanted to settle with me and wanted me to help pay for their car damage as they sustained a little more than mine. But then I decided to go through my insurance because i did not trust the other party.I need some viable solutions here. i can say that I did not know about the expired license.
Expert:  CriminalDefense replied 2 years ago.
If the insurance company has been made aware of this, you need to allow them to handle it and investigate. If they ask or inquire about the license, you need to be truthful but your coverage is going to control. If you were not covered for this, then they will deny the claim and you would need to defend it. Had the police arrived, your girlfriend would have been charged with driving on an expired license, which is a traffic criminal defense but that is another issue. However, the police may have cited the other driver for running the red light, which may have helped the case, if they sued you and her. Without that, it will be her word against that of the other driver, in regard to fault, if they sue.
Customer: replied 2 years ago.
practically speaking we're not talking about a lot of damage here.. maybe $1500 to 2000 on the other car
Expert:  CriminalDefense replied 2 years ago.
For a claim like that, you MAY want to consider offering them a small portion, just to make this go away. You need to decide if it is real worth fighting, if you think they will sue.
Customer: replied 2 years ago.
but shouldn't the fact that I am NOT covered for collision help me? my insurnace knows they do not have to pay for my car
Customer: replied 2 years ago.
i do not trust the other party.. they could sue anyway
Expert:  CriminalDefense replied 2 years ago.
Collision insurance pays for repairs to your car if it collides with another vehicle, crashes into an object or turns over. It pays regardless of who causes the accident. As such, if you did not have it, they would not have to pay for your car, as you shared above. However, I am not sure how this would help you, as it just means that you can not file a claim with them.
Expert:  CriminalDefense replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Expert:  CriminalDefense replied 2 years ago.
Are you still with me?