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tbielinski1124 · Mar 16, 2009, 09:31 AM

I let someone use my car thinking he had a license. My car was totaled. A semi pretty much ran over it. My friend was not injured really. But the semi truck driver lied and said he never switched lanes. So it's his word against his. Will ins cover it IF he doesn't have a license?

this8384 · Mar 17, 2009, 07:28 AM

Assuming that someone had enough sense to call the police when this happened, what does the police report say?

tbielinski1124 · Mar 17, 2009, 07:42 AM

Haven't got the police report yet.
I know police believed my friend, but it's still his word against the truck driver. So far my ins. Co seems to be going with it, but I'm not sure they have even seen the police report yet. You'd think they would have gotten a hold of it by now. It's been like 4 days already. My friend is in Prepaid Legal, and has a lawyer giving him advise on how to handle it. Guess all I can do is wait and see, but I'm stressing out. Now I'm driving a 500 beater of a car till this gets figured out. All my friend really remembers is the back end was under the semi, he closed his eyes and turned the wheel. He would have been died if he hadn't. The cops couldn't believe he wasn't seriously injured.

this8384 · Mar 17, 2009, 07:49 AM

If it's only been 4 days, I wouldn't be too concerned. In my experience, the officers don't write the reports until a few days after the incident has occurred, anyway. It may be getting written up as we speak/type :)

tbielinski1124 · Mar 17, 2009, 07:55 AM

Yeah I guess all I can do is wait. But I'm pretty sure I'm screwed cause he has NO license. Well not sure about that. He wasn't sure if his insurance expired, cause he had put a big lump sum on it when he got it. So he's not sure if it ran out. ( Occupational L's) he was coming from work. And he was suppose to be able to get his REAL L's back 2 days before the accident, but couldn't find anyone to take him to the DMV.

this8384 · Mar 17, 2009, 07:58 AM

I don't know that you are. I could be totally wrong, but license or not, he didn't cause the accident.

excon · Mar 17, 2009, 08:09 AM

Originally Posted by tbielinski1124

My car was totaled. A semi pretty much ran over it. My friend was not injured really. But the semi truck driver lied and said he never switched lanes. So it's his word against his. Will ins cover it IF he doesn't have a license?

Hello tb:

If the accident is determined to be your friends fault, YOUR insurance won't pay to fix your car, the truck if it was damaged, or any of your friends medical bills. You can be sued for some of those costs.

If the accident is determined to be the truckers fault, HIS insurance WILL pay to fix your car and any medical bills your friend got if any.

excon

daddysgirl86 · Mar 17, 2009, 08:13 AM

Originally Posted by excon

Hello tb:

If the accident is determined to be your friends fault, YOUR insurance won't pay to fix your car, the truck if it was damaged, or any of your friends medical bills. You can be sued for some of those costs.

If the accident is determined to be the truckers fault, HIS insurance WILL pay to fix your car and any medical bills your friend got if any.

excon

True Excon... Maybe the only thing you will get is a ticket for letting him drive the car not having DL.

JudyKayTee · Mar 17, 2009, 08:46 AM

Originally Posted by daddysgirl86

True excon... Maybe the only thing you will get is a ticket for letting him drive the car not having DL.

No, the driver would get the ticket for driving with a license BUT the insurance company could refuse to pay - or fight paying - based on the illegal act (driving without a license). It's the same if a car is stolen - the insurance company can refuse to pay.

Depends on the company.

The cause/fault for the accident will depend on witnesses.

JudyKayTee · Mar 17, 2009, 08:49 AM

Originally Posted by tbielinski1124

All my friend really remembers is the back end was under the semi, he closed his eyes and turned the wheel. He would have been died if he hadn't. The cops couldn't believe he wasn't seriously injured.

I'm an accident investigator - if all your friend remembers is the back end under the semi he cannot give a statement concerning the cause of the accident because he doesn't REMEMBER the cause of the accident. Therefore, the truck driver has the upper hand here.

When a potential Defendant says something along these lines ("I was not responsible but all I remember ...") he MAKES the case for the Plaintiff.

I'm not saying it didn't happen the way you said it did. I obviously wasn't there and haven't seen the Police Report. I AM saying that this language could very well hurt your claim - and his.

ScottGem · Mar 17, 2009, 08:59 AM

The fact that he was driving without a license may or may not be a factor. If he purported to have a license you could sue your friend for any damages the insurance doesn't cover.

The fact that the car was hit in the rear works against the semi driver. In most rear end accidents the one in the rear is deemed at fault.

tbielinski1124 · Mar 17, 2009, 12:36 PM

Well it's looking like the ins. co. IS going to pay for the cost of my car. ( I still had money to pay on it) Like I said the car was totaled and there is NO fixing it. But it looks like they will be paying the remaining balance of the loan. Though, my friend MAY get sued in the end by my ins. co. But that was HIS fault for driving without a L's. At least it looks like my is covered!

Thanks everyone!!