Hey guys. My cousin was recently involved in an accident. He was driving his mom's 2005 Honda Accord EX. The left side of the bumper was broken off, the lights were cracked, and the driver's side fender was dented in. The accident was so strong that the side airbags on the driver's side deployed. Sucks big time. I'm not sure who was at fault, but the other driver did not have insurance. A police report was filed and he has all of the driver's information. However, at this point, he is set on buying the parts and having it installed by a body shop. He has already purchased the fender, bumper, and light housing.

Here is the problem. His mother did not file a claim with her insurance, because he is not on her insurance. He was just borrowing his mom's car at the time. He does not live with her. He was just visiting for the holidays. In addition, he does not own a car, so he doesn't have his own insurance as well. He had taken the vehicle to an autobody shop for a quick estimate on the damages, and they quoted him $5000 to fix everything. What rights does his mom have to have this vehicle fixed under her insurance? Thanks.

 

Check her policy. I have 21st Century and they cover the car itself no matter who drives it. I guess it all depends on her policy.

 

Your missing some important information, if the other person is at fault sue them. If your cousin is at fault, he will be getting sued by the other party in the accident.

In NY this would be a whole lot easier, but I know little to nothing about insurance laws in NJ. It would completely depend on what type of insurance policy you have, call your local agent and see what they have to say.

 

check with the ins. co

 

The insurance will most likely cover the damage minus the deductible. The only thing that could happen is that they may want to add your cousin to the policy afterwards. With the damage you are talking about, they should bite the bullet, and report it.

 

NJ is a mandatory insurance state, you must have insurance on any vehicle that is actively registered in NJ. so if that jackass was driving w/o insurance it is his ass even if it was your cousin's fault. you mothers policy probably covers the car because she lives in a mandatory insurance state so she should file a claim and then they will subrogate against the other party. in the meantime they will pay for the damages minus deductible which if they collect their loss against the other party you will get back. now if your cousin was at fault the other owenr can try to sue him and/or his mother but most likely will lose because he was driving in a mandatory insurance state w/o insurance.

 

Yeah, that's basically how it works in Michigan, too. Mandatory insurance and no-fault. If you are driving without insurance and get hit, you're shit out of luck, and the cops will even write you a ticket for no insurance on top of that. You can sue up to 500 dollars, but that's an iffy, as well.

Anyway... in this case, his mom's insurance company should cover it, as long as your cousin has a valid driver's license. As long as he was driving legally, the insurance will cover it. Remember, insurance policy covers and follows the car, not each individual driver. No matter who was driving, the insurance will cover the CAR, as long as the driver was driving legally -- possesses a legal license, borrowed the car agreeably, etc.

Now seeing as how your cousin has already bought some of the parts, I would say produce the receipts to the insurance company and get reimbursed for them, and put it toward the deductible, if any. If not, just return the parts, and let the insurance company and the body shop buy the parts themselves.

 

I should hope you have insurance that covers "uninsured motorists" too. One thing to note though, you said the other driver didn't have insurance. Did the driver himself not have insurance, or did the car not have insurance? If the driver, well than they are on the same boat as your cousin, if the car did not carry any insurance, than the "uninsured motorist" portion of your insurance should take care of things.

 

Thanks for the reply. My cousin's mom does not want to file a claim with the insurance company for fear that the premium will go up signficantly. He is actually considering having just the body work done and leaving the airbags alone. I told him that he should definitely consider going through insurance. The car is practically brand new and it is being financed. I asked him what his mother was going to do down the road if she wanted to sell or trade the car in. I feel sorry for him. He seemed depressed.

 

It amazes me every time I hear people say that they won't file a claim for the fear of the premium going up.

Tell her to face reality. I don't know how much she's paying now, and how much this will increase the premium by (if at all), but she's looking at a 5,000-dollar repair bill. You're telling me she'll be saving over 5,000 dollars in the near future by avoiding a premium increase?

This is PRECISELY what insurance is for. Tell her to use it.

And if the body shop has half a brain, they will NOT release the car to her or your cousin if the SRS system has not been repaired. It's a huge reliability for the shop.

USE THE INSURANCE.

 

I agree 100%!!!!!!! She needs to use the insurance. why else is it there??!!?? I hear these sotries and get pissed for no reason because someone isn't taking what is their's. Thta insurance is hers, it is her safety net if something went wrong. you don't here people cancelling their life insurance policies because they think they might die. c'mon talk some reason into her or give me her # and I guarantee she will file a claim.

 

In NJ your cousin's mother will have coverage. Your cousin does not have to be on the policy. he is a permissive user and therefore there is coverage. It would be the same as if you were driving the car and got into an accident. Uninsured motorist property damage coverage would only take effect if your friend's car did not have collision coverage. If the car is financed the lienholder would require the owner to carry collision coverage. Just because the other person does not have insurance does not mean they are at fault for the accident as was mentioned earlier. Put it this way. If the person without insurance was stopped at a red light and you struck them in the rear, you are at fault and the uninsured driver can pursue your policy for the damage to the vehicle as long as they were not injured. If they were injured and not at fault they are barred from recovery due to state law, but thats another story. The insurance could raise your counsin's mother's rates however and they could add your cousin as a listed driver since he was involved in the accident