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    jsmarshall's Avatar
    jsmarshall Posts: 1, Reputation: 1
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    #1

    Mar 22, 2012, 06:22 PM
    Uninsured driver driving insured vehicle gets rear ended
    My husbands insurance was 6 hours away from going into effect. He was driving my Mother's car with her permission, and it is insured. He was rear ended by a lady who was texting on her phone. What is his recourse, and will he be in trouble legally since his insurance hadn't gone into effect yet? Or is he fine since the car was insured, and the accident wasn't his fault? Also, he has some whiplash and should he contact her inurance company or what? Thank you in advance!
    Wondergirl's Avatar
    Wondergirl Posts: 39,354, Reputation: 5431
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    #2

    Mar 22, 2012, 06:31 PM
    The other driver was at fault so her insurance will pay for damage and any injuries.

    Did your mother give him permission to drive her car? (Oooops, you said she did.) If so, he's covered by her insurance. And he may be already covered by his own if he has paid for it and has a cancelled check or some proof that he has paid.

    The other driver's insurance and your mom's insurance should get reports (police, any witnesses, each driver's) and hash this out.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #3

    Mar 22, 2012, 07:14 PM
    Can't give WG a greenie yet but she is on the mark 100%. Keep in mind WG did ask a question which is still hanging out there, did he have your mom's permission?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Mar 22, 2012, 07:15 PM
    What insurance was he buying, was he buying insurance for the car he was driving or another car, If another car what does that have to do with it, since that was not the car in the wreck.

    Unless he was listed as not allowed to drive the car, he should be insured.
    xoxocjc's Avatar
    xoxocjc Posts: 25, Reputation: 2
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    #5

    Mar 22, 2012, 07:35 PM
    I'm not completely sure, but I think he will be fine because the car he was driving was insured and it wasn't even his fault, so if anything the other lady is going to be paying for any damage costs. Call your insurance company to make sure. But, I think it will be fine !
    Wondergirl's Avatar
    Wondergirl Posts: 39,354, Reputation: 5431
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    #6

    Mar 22, 2012, 07:37 PM
    Quote Originally Posted by ballengerb1 View Post
    Can't give WG a greenie jus yet but she is on the mark 100%.
    Thanks. It pays to have worked for State Farm. It got me a Sunbeam toaster oven one Christmas (1969) and still have it and use it.
    Wondergirl's Avatar
    Wondergirl Posts: 39,354, Reputation: 5431
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    #7

    Mar 22, 2012, 07:38 PM
    Quote Originally Posted by Fr_Chuck View Post
    What insurance was he buying, was he buying insurance for the car he was driving or another car, If another car what does that have to do with it, since that was not the car in the wreck.
    State Farm will also consider his own insurance, say, for medical (or at least, used to back in the day).
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Mar 23, 2012, 03:57 AM
    First, insurance is on the vehicle, not the driver. So his insured status shouldn't matter. Second, since it was her fault, his mother should file a claim with the other driver's insurer which would include his medical bills. Her liability should pay for any damages. She should inform her carrier of the incident, but not file a claim.
    Wondergirl's Avatar
    Wondergirl Posts: 39,354, Reputation: 5431
    Jobs & Parenting Expert
     
    #9

    Mar 23, 2012, 07:27 AM
    Quote Originally Posted by ScottGem View Post
    First, insurance is on the vehicle, not the driver.
    P.S. I just checked with my SF agent. That company will cover the driver in special situations, e.g. he is a SF insured but is hit while driving an uninsured vehicle.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #10

    Mar 23, 2012, 07:32 AM
    Pretty much what I thought WG. You do insure the car but if I drive another vehicle or rental my company, Country Company, extends coverage to me on the other vehicle. In this case, I don't see his or his mother-in-laws insurance having to pay anything but they should be informed of the accident in case the woman at fault has an insurance "hickup" Who really knows for sure that she has coverage.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #11

    Mar 23, 2012, 08:23 PM
    OK who is playing with my post now? This was listed in my profile as a greenie and still is, the post showed that earlier today. Now my "comments on this post" looks like what you see in post #10. Is this the work of trolls or hackers or what, makes no sense.

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