Automotive

Underage driver accident - Help!!

  • Last Updated:
  • Oct 12th, 2018 3:46 am
[OP]
Newbie
May 7, 2010
38 posts
32 upvotes
daivey wrote:
Oct 10th, 2018 10:53 pm
i don't get your story.
you had a basement leak. went through insurance.
then this accident happened, and your insurance said they will increase your premiums if you report it/make a claim/and will drop you?

im so confused.

no wonder why the insurance companies can't talk to you. you can't even put your story together here.
did you tell the insurer that you crashed into your own house?

because im so confused now i don't even know whats going on.
sorry, try not to be rude, in my effort to be concise i'm being more confusing.

Full story:
leak in my basement (not my fault), insurance covers it, receives settlement from enercare and returns my deductible

few months later this accident (obviously also not my fault), i report it & they say they will cover it....repairs are in the process when i receive a letter in august saying when my policy comes for renewal they will not renew and are giving me 30 days notice due to the "number of claims" i've had. (that number being 1, and 1 still pending)

So, based on them non renewing me, I start getting quotes for NEW insurance. Quotes are high ($5-7000) if i have 2 claims (leak + accident) in my history, but low ($700) if I have only the 1 (leak) claim.
I go forward with the NEW insurance company saying I only have one claim (leak) since technically the accident claim is not officially a claim because the old insurance co has not paid out.

So now....do you understand this? I don't want to go through the old insurance (even though they still have to cover it) because that means i kinda lied to my new insurance company.

So if the neighbours ins co should be paying I want them to pay.

Hopefully that makes sense....
Newbie
Jul 15, 2012
24 posts
31 upvotes
Burnaby
You should still make a claim with your property insurance company.
In this case, there is a negligent party, which would likely be the the kid or his parents.
Your insurance company would pay for your damage and then surrogate against the third-party (parents)
In this case, your premium should not go up as the insurance company will pursue your neighbour for your damages.
Of course, this means they will owe your insurance company $$$. If they do not pay, the insurance company will likely put a lien on your neighbour’s assets.
Sr. Member
Jun 16, 2007
726 posts
142 upvotes
What home insurance company are you with?
Deal Fanatic
May 1, 2012
7520 posts
4097 upvotes
Markham
Ok so my wife is an insurance agent. I just asked her about your current problem, and basically this is what is going on with you:

1. The neighbour who’s car rammed you, the insurance on that car will not cover this claim. The child is not eligible to drive, hence the kid is excluded from the insurance policy. In other words, the car insurance will not cover any of this.

2. You’re free to claim on your own property insurance, subject to paying your deductible and a possible premium increase upon renewal. The insurance company (yours) will sue your neighbours trying to recoup the cost, but this most likely ends up being settled. If this is the case, then you MAY get back your deductible.

3. The neighbours can claim their kid stole the car, in which case their car insurance will cover this. However, this requires a parent to charge their kid. Probably not gonna happen.

4. You can fix this yourself and then sue the neighbour for damages. At which point, third party liability kicks in and the neighbours insurance will defend the neighbours and possibly settle and pay out. But for their insurance to pay out, you have to sue the neighbour aka owners of the car, first.

This is basically it.
Last edited by Anikiri on Oct 10th, 2018 11:35 pm, edited 1 time in total.
Deal Expert
Aug 2, 2001
15022 posts
5289 upvotes
gem222 wrote:
Oct 10th, 2018 10:34 pm
Like what happens if someone steals your car and does this?? who is liable??
Uninsured motorist coverage should kick in and cover your vehicle if it's hit by a stolen car (or a car without insurance). Unfortunately this coverage is from YOUR auto insurance policy, which doesn't apply here.

Sorry for the crappy situation you're in.
Deal Addict
Oct 8, 2009
1033 posts
377 upvotes
Kitchener
gem222 wrote:
Oct 10th, 2018 11:17 pm
Cooperators! Don’t like them Pensive Face
Anikiri wrote:
Oct 10th, 2018 11:27 pm
Ok so my wife is an insurance agent. I just asked her about your current problem, and basically this is what is going on with you:

1. The neighbour who’s car rammed you, the insurance on that car will not cover this claim. The child is not eligible to drive, hence the kid is excluded from the insurance policy. In other words, the car insurance will not cover any of this.

2. You’re free to claim on your own property insurance, subject to paying your deductible and a possible premium increase upon renewal. The insurance company (yours) will sue your neighbours trying to recoup the cost, but this most likely ends up being settled. If this is the case, then you MAY get back your deductible.

3. The neighbours can claim their kid stole the car, in which case their car insurance will cover this. However, this requires a parent to charge their kid. Probably not gonna happen.

4. You can fix this yourself and then sue the neighbour for damages.

This is basically it.
I spoke to a friend in the insurance game, since he was over and was going to type out basically what has been stated here.

Option 2 is really your best option, unless you have money laying around for repairs and lawsuits.

And if you were told it's going to be 28K and the work is not done... it's going to be a lot more then 28K.
Penalty Box
Dec 27, 2013
7447 posts
3291 upvotes
Toronto
gem222 wrote:
Oct 10th, 2018 11:04 pm
sorry, try not to be rude, in my effort to be concise i'm being more confusing.

Full story:
leak in my basement (not my fault), insurance covers it, receives settlement from enercare and returns my deductible

few months later this accident (obviously also not my fault), i report it & they say they will cover it....repairs are in the process when i receive a letter in august saying when my policy comes for renewal they will not renew and are giving me 30 days notice due to the "number of claims" i've had. (that number being 1, and 1 still pending)

So, based on them non renewing me, I start getting quotes for NEW insurance. Quotes are high ($5-7000) if i have 2 claims (leak + accident) in my history, but low ($700) if I have only the 1 (leak) claim.
I go forward with the NEW insurance company saying I only have one claim (leak) since technically the accident claim is not officially a claim because the old insurance co has not paid out.

So now....do you understand this? I don't want to go through the old insurance (even though they still have to cover it) because that means i kinda lied to my new insurance company.

So if the neighbours ins co should be paying I want them to pay.

Hopefully that makes sense....
ok, but you've put the claim through, that's why they are dropping you... so you can't "cancel" the pending claim. Has your insurance company said you can do this? If you cancel the claim, then they should renew your policy.
If they still don't renew your policy, then your "quotes" are just "quotes" because you can't "lie" your way out of being dropped by insurer. once the other insurance companies find out you've been dropped, and LIED to them, they might drop you as well.

As for not being covered:

like Ankiri said:

you basically have 2 options here:
1) your insurance takes care of it and unsure how they are not helping

2) you don't go through insurance and sue. If you sue them, likely their home insurance will cover them under liability and not their auto policy.

though im still perplexed why this is your problem and why your insurer not doing this, and saying you will be dropped.
Deal Addict
Oct 8, 2009
1033 posts
377 upvotes
Kitchener
gem222 wrote:
Oct 10th, 2018 11:04 pm
sorry, try not to be rude, in my effort to be concise i'm being more confusing.

Full story:
leak in my basement (not my fault), insurance covers it, receives settlement from enercare and returns my deductible

few months later this accident (obviously also not my fault), i report it & they say they will cover it....repairs are in the process when i receive a letter in august saying when my policy comes for renewal they will not renew and are giving me 30 days notice due to the "number of claims" i've had. (that number being 1, and 1 still pending)

So, based on them non renewing me, I start getting quotes for NEW insurance. Quotes are high ($5-7000) if i have 2 claims (leak + accident) in my history, but low ($700) if I have only the 1 (leak) claim.
I go forward with the NEW insurance company saying I only have one claim (leak) since technically the accident claim is not officially a claim because the old insurance co has not paid out.

So now....do you understand this? I don't want to go through the old insurance (even though they still have to cover it) because that means i kinda lied to my new insurance company.

So if the neighbours ins co should be paying I want them to pay.

Hopefully that makes sense....
Wait, so you already made the claim to cooperators and they are covering it? Even if they drop you if they started they will be covering it then just let it finish up.

Them dropping you doesn't mean the claim is voided if they have agreed to cover it.

Just make sure you keep record of all paperwork from them and record all calls with them and anyone involved.
Penalty Box
Dec 27, 2013
7447 posts
3291 upvotes
Toronto
i would still go through my insurance company, even if that means they drop me.
$28,000 out of pocket is a lot of cash. and if you sue it will take a while to get it.
im assuming you need this fixed asap as it's almost winter.

likely the best course of action is:
1) use your current insurance to fix this mess.
2) get dropped, find new insurer pay higher premium.
3) sue for damages.

as clearly you are going to be screwed by insurer now. I didn't think an insurer would do that, given that they are homeowners + vehicle owners..... so unsure how a 12 year old can steal parents car, ram it, and then YOUR INSURANCE goes up. It's almost like they are saying "to bad your house was in the way".
Deal Addict
User avatar
Jul 23, 2005
1153 posts
273 upvotes
Montréal, QC
You have to go through your insurance and let them deal with it. It's not different than a tree falling on your building.
Deal Fanatic
Aug 14, 2007
8971 posts
854 upvotes
Toronto
IsraSoldier wrote:
Oct 10th, 2018 10:16 pm
The parents of the child are idiots.

They could have just said that they were the ones driving and then their insurance would have covered it...

Regardless, I would go through my home insurance and let them deal with the entire thing. Change insurance company next year.
Because they won’t see a pretty big claim right?
Newbie
Sep 18, 2007
28 posts
32 upvotes
Toronto
Either claim it through insurance or Sue them, they can afford to pay, if not they can sell their house, car and other things to pay you. They just don't want to. Let the courts force them.

Either way, your insurance company sucks or the rep you were speaking with is an idiot, and you should definitely change.

I would just claim it and move on with my life
Koodo $40/5GB ==> $40/6GB plan.
Deal Addict
User avatar
May 22, 2016
1483 posts
263 upvotes
Ontario
Who was driving? The neighbour or the friend. Also is their insurance paying for their car? You will have to go through your insurance and sue them and the friend.
Deal Fanatic
Jun 26, 2007
5476 posts
1047 upvotes
???
In Ontario, no fault insurance means each party goes after their own insurance company for claims. Meaning everyone deals with their own insurance company. I won’t be surprised if you file a claim the insurance company will seek damages after they settle your claim.

Best to consult a lawyer in your position tho.

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