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Rear ended roll over accident

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I was rear ended by a 21 year old kid who was racing with another person on a bridge in California. He was driving between 90-100mph and there was a witness who recorded their statement as well in the police report. The witness was a cop from another state. Sadly though he was not even charged for reckless driving.

The driver was cutting through traffic, lost control, rear ended me, and caused my car to roll over. The vehicle is totaled and I have sustained some injuries and continue to experience pain.

The issue currently is that the vehicle which rear ended me was recently purchased but has not been included in the insurance coverage. The boy is under his parents insurance. They are accepting liability but denying coverage. Is this possible? From my research I found that there is a time period for the vehicle to be included in the insurance. (The vehicle was purchased preowned from a auto shop so I am not sure if insurance details were verified)

I do not have collision coverage on my own insurance and have only uninsured motorist coverage for personal injury. I have an injury lawyer but he does not deal with property? What are my options? Was this person driving illegally? Can he be criminally charged?

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I don't believe you can file separate suits against the same person.

lotusgardener (Jun. 14, 2017 @ 11:55a) |

OP, why are you still on FWF? The best suggestion was to go to several lawyers and pick one. The lawyers want that 33%... (more)

Xnarg1 (Jun. 14, 2017 @ 12:50p) |

Humm.. would "pathological asshat" be any better?

ZenNUTS (Jun. 14, 2017 @ 2:15p) |

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Find another lawyer.

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ZenNUTS said:   Find another lawyer.
  

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California requires insurers to cover their insureds to their existing liability limits in newly-purchased vehicles for 10 days. If it was inside 10 days, the insurer has no grounds to deny coverage. If it was outside 10 days, it would depend on terms of the policy, but this doesn't sound like a great insurer, so the kid was probably driving uninsured and you'll probably have to go after the parents personally.

Oh, I am not a lawyer and I didn't stay at a Holiday Inn Express last night...

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The vehicle was purchased by the boy and he is the owner as per the police records. The vehicle was purchased approximately 1.5 months earlier. He is under his parents insurance or at least that was what was provided to the police. I am unsure if there is another insurance which covers this vehicle. The insurance company of the parents is one of the six large insurance providers in the country.

Is it possible that the insurance company is trying to play hard?

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Another vote for finding a new lawyer. Let them earn their fees. Question: how can the kid be the owner and be insured under the parents' policy? Not sure about CA but in IL even the used car dealers are required to obtain the proof of insurance before releasing the vehicle to the new buyer. Also ask the police if there was a citation issued to the other driver and if not then why not? If there was a citation then make sure you attend their court date as the complaining witness or they might walk away then you will have a hard time proving the other driver's liability.

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I do not think personal injury lawyers deal with property in general. I have been unable to find lawyers who will handle the propert. Regarding the other drivers citation, I am not sure I follow. There are only two parties involved in this accident, the person who rear ended me and myself. The people who were racing with this person were sent away by the cops (though unknown why).

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ach1199 said:   Another vote for finding a new lawyer. Let them earn their fees. Question: how can the kid be the owner and be insured under the parents' policy? Not sure about CA but in IL even the used car dealers are required to obtain the proof of insurance before releasing the vehicle to the new buyer. 
  
Kid is insured under parents' policy and has another car or can drive parents' cars.
Kid goes out and buy new car, shows proof of insurance, but didn't add his car to existing policy.

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VRK1990 said:   The vehicle was purchased by the boy and he is the owner as per the police records. The vehicle was purchased approximately 1.5 months earlier. He is under his parents insurance or at least that was what was provided to the police.
 

 My guess is I don't think you can go after his parents or even the parents' insurance.

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Find a new good DIRTY lawyer who will answer your questions.

Why would you think it would be a good idea to waste precious time asking strangers on a internet forum for legal advice?

Call today.

My girlfriend was hit by a old man who ran a stop sign a few weeks ago. She suffered a Concussion and spent 3 days in the hospital.

We had personal visits from 2 attorneys within 5 days of the accident. We went with the most aggressive attorney.

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It is totally against the law to drive a vehicle without a insurance policy and that boy was racing his vehicle very fast. So you can claim your damage against him or his parents.

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voucherfollow said:   It is totally against the law to drive a vehicle without a insurance policy 
  Depends on the state.

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Sue the kid.. watch the parents help.. if not, garnish his wages until the end of time.

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Luniz97 said:   Sue the kid.. watch the parents help.. if not, garnish his wages until the end of time.
  Absolutely. You have to spend money. 

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You say "kid", how old? Like, 18 years old or 25 years old? If it's a younger kid, and his parents are supporting him then you have grounds to go after to parents (maybe). Again, you'll need a personal injury attorney. The attorney isn't for the police report or whatever you are saying above, it's to handle the personal injury part. Assuming your neck hurts after that rollover, right?

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ryoung81 said:   You say "kid", how old? Like, 18 years old or 25 years old?
 

  
VRK1990 said:   I was rear ended by a 21 year old kid
 

  

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ryoung81 said:   You say "kid", how old? Like, 18 years old or 25 years old? If it's a younger kid, and his parents are supporting him then you have grounds to go after to parents (maybe). Again, you'll need a personal injury attorney. The attorney isn't for the police report or whatever you are saying above, it's to handle the personal injury part. Assuming your neck hurts after that rollover, right?
 

  If the kid is over 18 and car is in name only then how can the parents be held responsible, even if he lived with them and they're supporting him financially? 

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Why do you care about his insurance?  You sue him for your damages, and either his insurance provides his defense or he has to get a lawyer on his own.  You really couldn't care less where any judgement or settlement money comes from.

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ach1199 said:   
ryoung81 said:   You say "kid", how old? Like, 18 years old or 25 years old? If it's a younger kid, and his parents are supporting him then you have grounds to go after to parents (maybe). Again, you'll need a personal injury attorney. The attorney isn't for the police report or whatever you are saying above, it's to handle the personal injury part. Assuming your neck hurts after that rollover, right?
  If the kid is over 18 and car is in name only then how can the parents be held responsible, even if he lived with them and they're supporting him financially? 

  Who wrote the check?  Who co-signed the loan?  Is the kid a named driver on the parents insurance?  There's plenty of ways to connect the liability dots, at least enough to cause them enough inconvenience they might settle.  Name everyone but the kitchen sink, and let them sort out who's responsible for what amongst themselves.

What I don't understand is, who admitted liability but denied coverage?  And insurance company isn't going to even comment on potential liability if there is no coverage.

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In CA, you are covered for the first 30 days after purchase automatically.
You implied it was 45 days.

Sounds like you got hit by an uninsured motorist.
Time to get a Personal Injury Attorney and sue sue sue.

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Thank you all for your feedback. I have hired an injury lawyer, but it looks like the injury lawyer would not be handling property. Now, I have the burden of trying to salvage the car and figuring out the steps regarding it. Is it typical for injury lawyers to not deal with property?

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Most injury lawyers don't deal with property because it's too small.

You have a choice to either use Small Claims against the kid's or the Parents (Kid is 21, might not fly) or go whole hog.
Of course if the kid just got into an uninsured accident with a brand new car, they might not have any assets to go after.

Are you CA?  Liability coverage is on the driver, not on the vehicle.  (That's Comp and Col).  He's still covered no matter what car he drives.

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He drives a BMW and it is one of the higher end BMW's. I am in California. Live in the Bay Area. What do you mean but liability is on the driver not vehicle? My car is a Hyundai Elantra and it was worth more than 10k even as per Kelly blue book

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You said the kid had insurance but was driving an uninsured car.

As far as I know, the kid's Liability insurance should be active unless he had that car specifically removed from the policy.
Which means your are covered.

It's the same if I borrow my friends car.  If I get into a wreck, my insurance would pay Liability and my friend's insurance would pay Collision on the car.

Edit : I just checked it says my friends insurance pays for everything ,and MY insurance kicks in secondary.
I still think the kid was covered for Liability.

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I'm just curious why you don't have collision on a car worth more than 10k.

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You need a VERY aggressive attorney who won't back down. May be worth the 33% fee. Also do you have uninsured driver on your own policy?

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Could you tell me what is the difference between liability and coverage in this case? His insurance company says they accept liability but cannot extend coverage.

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I have uninsured coverage for bodily injury but not for property. It was an error on my part to have not included it and I am paying the price for it now I guess!

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VRK1990 said:   Could you tell me what is the difference between liability and coverage in this case? His insurance company says they accept liability but cannot extend coverage.
  I don't know about 'Extend Coverage'
But there are 2 kinds of Liability coverage (You have to have both)

Bodily Injury and Property Damage
 

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bigdinkel said:   Also do you have uninsured driver on your own policy?

Smartest question in this thread. Your uninsured motorist coverage should kick in.

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elektronic said:   
bigdinkel said:   Also do you have uninsured driver on your own policy?

Smartest question in this thread. Your uninsured motorist coverage should kick in.

  Honestly, sorry but dumbest statement in this thread,  the last line of OP's post he said he had uninsured driver but not uninsured property.
 

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forbin4040 said:   
  Honestly, sorry but dumbest statement in this thread,  the last line of OP's post he said he had uninsured driver but not uninsured property.

  I thought uninsured motorist coverage includes both bodily injury and prop damage to your car? Regardless, if OP has uninsured coverage for bodily injury but not for property, doesn't that assume he has collision insurance if it's a $10K car and wouldn't that cover it?

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Simplest answer:

Assume you will get $0.00 for your car. Find a cheap attorney that will sue the other driver for the damage to your car (or file yourself in small claims court). If you ever get a penny for your car, consider it a win.

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So an off-duty out of state LEO witnessed & made a statement to local LEOs & 21yr old driver wasn't ticketed? Wow. I want to read that report.

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I have an almost identical case, sans high speed hit and everything that goes with. Mine was a low speed rear end, but the details are same. Still fighting 11 months later.

Lawyer up. Yesterday. I wish I did.

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atikovi said:   I thought uninsured motorist coverage includes both bodily injury and prop damage to your car? Regardless, if OP has uninsured coverage for bodily injury but not for property, doesn't that assume he has collision insurance if it's a $10K car and wouldn't that cover it?Re-read the OP.
  

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NoMoneyInMyWallet said:   
atikovi said:   I thought uninsured motorist coverage includes both bodily injury and prop damage to your car? Regardless, if OP has uninsured coverage for bodily injury but not for property, doesn't that assume he has collision insurance if it's a $10K car and wouldn't that cover it?
Re-read the OP.
  

  I don't have collision either but my uninsured motorist coverage would fix damage to my car. What's the point of buying uninsured motorist coverage for personal injury when you already have medical insurance?

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atikovi said:   
forbin4040 said:   
  Honestly, sorry but dumbest statement in this thread,  the last line of OP's post he said he had uninsured driver but not uninsured property.

  I thought uninsured motorist coverage includes both bodily injury and prop damage to your car? Regardless, if OP has uninsured coverage for bodily injury but not for property, doesn't that assume he has collision insurance if it's a $10K car and wouldn't that cover it?

  
In my state there's no such thing as uninsured motorist coverage for property, just for bodily injury.  Damage to the vehicle cause by an uninsured person would be covered by collision if on the policy.

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doveroftke said:   
atikovi said:   
forbin4040 said:   
  Honestly, sorry but dumbest statement in this thread,  the last line of OP's post he said he had uninsured driver but not uninsured property.

  I thought uninsured motorist coverage includes both bodily injury and prop damage to your car? Regardless, if OP has uninsured coverage for bodily injury but not for property, doesn't that assume he has collision insurance if it's a $10K car and wouldn't that cover it?

  
In my state there's no such thing as uninsured motorist coverage for property, just for bodily injury.  Damage to the vehicle cause by an uninsured person would be covered by collision if on the policy.

  That's because California is NUTS when it comes to insurance.  You have 2 kinds of uninsured motorist.

Skipping 29 Messages...
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jaytrader said:   
VRK1990 said:   The cops asked me if I saw the boy racing in my rear mirror for example. He was cutting through traffic, how am I to see the idiot :/
  You imply you didn't see him, yet you claim he was weaving through traffic. Something doesn't add up there, chief. 

ETA: stop being condescending toward the other driver, too. You keep calling him a "kid" and a "boy," and quite frankly, it makes you look like a stuck up jerk. The person is a grown ass adult (per the legal system) so refer to him as such. Take your emotions out of this, or you'll NEVER win. Trust me. Go at this pragmatically.

  Humm.. would "pathological asshat" be any better?

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