Consumption and Real Estate
Excluded driver totaled my new car. Does his property damage liability insurance pay for my car? Any advice?
Question : Excluded driver totaled my new car. Does his property damage liability insurance pay for my car? Any advice?
Someone who was exluded from my car insurance drove my car yesterday and had an accident that was at his fault. He had only liability insurance with bodily damage, property damage and underinsured motorist protection. My insurance is not going to cover anything since he is an excluded driver. We live in TX, USA. Can my new wrecked car be considered as a property damage involved in that accident? The other vehicle and driver are OK, only small dent on the rear bumper, but my new car was totally destroyed, not driveable, my insurance refused even go to look and inspect.
Schould I seek any legal help if his liability insurance refuses to pay? Is it possible to get any legal help in this situation? What to do and where to go? What to do with the car? It is still on the nearest to the accident parking lot. The property damage limit on his insurance is 25,000. I just bought my car few months ago for 20,000. Thank you for your time, I appreciate your help.
property damage liability insurance
Best answer:
Answer by **Erin W**
Unfortunatly your insurance company doesnt have to even bat an eye at your claim and there is nothing you can do about it. Your policy stated that this person will not be driving your vehicle as you advised them. No legal action can be taken. m Sorry… you are SOL in that area.
The drivers liab policy doesnt cover your car either. Liab ins covers the other car when the driver is at fault. As in this case. Again.. no legal action can be taken by you to the drivers ins company.
Unless you want too try to get the money from the driver of your car directly and if he/she refuses to pay you may take them to court.
Unforatunatly there isnt any way for an ins company to take car of your car. Your best bet at this point is to fix it out of your (or the drivers) pocket. Or sell it to a auction yard. You will get only what is worth for parts… so it wontr be much. And if you are making payments on it you will continue to owe the rest.
Maybe the person whos fault the accident is can take over the payments?? Just a thought. And likely the only way you will get any compensation.
: /
EDIT : 2nd post doesnt have a clue. NO atty would take this case and Personal Injury Lawyers are just that. Unless you plan on sueing the person who drove your car, dont waste your time.
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#3 written by Sue 1 year ago
Well, you chose to exclude the driver, THEN you let him drive. So, any damage caused is on you. His insurance will not cover your vehicle under liability, sorry. Liability doesn’t extend to a vehicle you drive, it is just for damages you cause to someone ELSE. It is possible if he had collision coverage that it could extend to your car IF it was a temporary substitute (his car was laid up in the shop or something like that), but if he didn’t have collision, that is a non-issue.
Also, you will be on the hook for damages to the other driver since the owner of the vehicle that caused the accident would be the responsible party – but, it is possible that the driver’s insurance MAY extend to this, hopefully it will, but he will have to report the accident to his company & see what happens.
Looks like you will have to pay for the damages to your car out of pocket, or get him to pay them. -
#4 written by tgann4u 1 year ago
if you requested for your insurance to come out and give you a quot on how much the car is worth they are suppose to come look at the car and then send the info to his car insurance then if they refuse to pay it then your insurance co. will take them to court then you will need a attorney but your car insurance is suppose to come a give a quot what kind of car was it? email me at tgann4u and i can tell you more.
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#5 written by Ronnie G 1 year ago
i would check an attorney for menta abuse i was suffering . insurance company puts liability on vehicle not driver same with other vehicles you own otherwise you wouldnt put put insurance on each vehicle you drive youd have one policy for driver they are responsible for any caused vehicle even if it was stolen whoever was needs go to chiropractor and check personal injury lawyers. also contact state insurance commisioner he regulates insurance industry. if you live near large city there is oversupply of lawyers ready to take cases
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His coverage will not cover your vehicle’s damage. However, his liability coverage may cover you and him for the damage to the other party’s vehicle.
Check with your insurance company. In some state’s compulsory liability coverage cannot be denied even if a non-listed driver was operating the vehicle at the time of the loss.
One more thing, did he take the vehicle without your permission? If so, can you prove it? If you can, then perhaps, your insurance company will reconsider their denial of coverage. Maybe.