Visitor Question

Car Ended Up in Yard After Traffic Accident…

Submitted By: Andrew (California)

I was hit on the front passenger side of my vehicle by a guy who was obviously speeding. My vehicle ended up on somebody’s front yard, in between her house and a tree. No damage was done to the house, tree, or fence, just radiator fluid spillage on her yard.

I was driving without a license at the time. I got no 30 day hold and no ticket. But a month after the collision an agent from the homeowners insurance company of the lady whose house I ended up on called me and wanted to verify what my auto insurance is. That same day she came to my house and demanded to speak to an adult (I am turning 18 in less than a month). She said she wanted to work out an agreement before she sues my insurance.

I did not put in a claim for being hit for I am not on the insurance policy. I took the van out of the impound lot and junked it. Does this lady have a chance to sue me or should she be suing the driver who hit me? Should I work out an agreement so that my insurance coverage does not go up? Thanks in advance.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Andrew,

You have a couple of options:

1. You can ignore the claims adjuster.

2. You can cooperate with the claims adjuster.

3. You can allow the Claims adjuster to speak with your parents.

4. You can refer the claim to an attorney.

5. You can refer the claim to your parent’s insurance company.

Before you consider any of the above you should consider this:

Even though you say you weren’t “on the insurance policy” you may be surprised to learn you still may be covered. Normally, relatives of insurance policy owners are covered on their insurance policy, especially if you live in the same home as your parents.

Unless there is a specific clause excluding you from your parents’ policy there is a very good chance you may be covered.

Ask your parents to look at the Declaration Page (normally one of the first pages) of their car insurance policy, or simply have your parents call their insurance company to ask if you’re covered. You may be happily surprised.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 17, 2012

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