Automotive

Underage driver accident - Help!!

  • Last Updated:
  • Oct 12th, 2018 3:46 am
Deal Addict
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Apr 4, 2008
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Tell your neighbour to get a loan to pay for it, or they'll be hearing from your lawyer.
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Dec 4, 2010
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Toronto
Why pay for insurance if you’re not even going to use it, just keep the $700 in your pocket.

...hot deal...in for 2
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May 11, 2009
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Debtario
Let insurance deal with it. Going through the courts by yourself is a very long and frustrating process even if you know what you are doing, if you don't then you need a lawyer which makes it an expensive long process. If there is no settlement and if you get a favorable judgement, collecting your judgement could prove to be a new hell as well. It's not always as simple as liens, asset seizure or wage garnishment - the house may be under someone elses name, could go on disability or lose a job after wages are garnished etc.
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Sep 21, 2010
9420 posts
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Montréal
Why make a complicated situation even more confusing by trying to avoid contacting your own insurer? That's like trying to go out-of-pocket in a car accident w/ a shady individual. Like many ppl said ITT, that's why we pay premiums, to get professional help from your own insurer. The alternative is not worrying about $$$$ if $28K is meh, otherwise, it's insane to try to avoid insurance for really silly reasons.

Btw, OP's insurer sucks balls (Co-operators?), not even his/her fault in both cases (they even successfully subrogated so not as if they were holding the bag re basement leak) and they're going to drop him/her? What a crap insurer.

Oh, prick neighbors as well, parents and kid.

Finally, get a free consultation from lawyers to explore that avenue. Can't remember if contingency fee arrangement applies in this case but worth asking.
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Apr 5, 2013
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markham
sidshock wrote:
Oct 10th, 2018 10:31 pm
You keep worrying about whose ins it will go through.
That's not how ins works here.
It goes through your insurance no matter what. Then your insurer goes and gets paid. Whether through your premiums if it's your fault. Or their insurance if they have it and it's valid. Or directly through them. So don't worry about others insurance. This is why you pay insurance.
As for your premiums going up. I think you have nothing to worry about since it's zero percent your fault.
+1
having gone through similar myself..this is what happens..
call your insurance , fix your house , don't worry about who pays..your insurance goes after whoever is liable for the damage
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Apr 21, 2004
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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. 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.
Boss, which is best under the current circumstances?

Analysis paralysis here.
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Oct 21, 2009
421 posts
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Brampton
daivey wrote:
Oct 10th, 2018 11:43 pm
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.
I think this course of action is best too. Sue them enough to cover multiple years of unnecessary extra home premiums.
Member
Dec 5, 2015
321 posts
357 upvotes
Verdun, QC
Most of you didn't read his follow up posts.

Op is making a mess if things.

He already called his insurance, he filed the claim. Work is already started but he thinks he can "cancel" his claim some how. After filling the claim, his current insurance company decided to drop him. When he got quotes for new insurance he was quoted 5-7k/year with this claim 700 without. So he decided to lie to new insurance and not tell them about the car slamming claim. Now he is asking help.

#1 don't lie to your insurer.
#2 are you sure you can cancel you claim with your old insurance?
#3 sue neighbors for damages even if paid by insurance... Small claims 10k for insurance premium increase.
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Jul 26, 2007
3195 posts
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Toronto
tark514 wrote:
Oct 11th, 2018 7:44 am
Most of you didn't read his follow up posts.

Op is making a mess if things.

He already called his insurance, he filed the claim. Work is already started but he thinks he can "cancel" his claim some how. After filling the claim, his current insurance company decided to drop him. When he got quotes for new insurance he was quoted 5-7k/year with this claim 700 without. So he decided to lie to new insurance and not tell them about the car slamming claim. Now he is asking help.

#1 don't lie to your insurer.
#2 are you sure you can cancel you claim with your old insurance?
#3 sue neighbors for damages even if paid by insurance... Small claims 10k for insurance premium increase.
Best to sell your house, cancel the insurance and live with parents for few years.
Sr. Member
Nov 16, 2011
536 posts
284 upvotes
HAMILTON
Ok, so as I read it:

1) you had a previous claim from Enercare and your insurance paid it. Insurance then recovered from Enercare. Insurer was Co-Operators.

2) then this new situation where kid drove into your house. Again your insurer was Co-Operators. They were going to process the claim but also told you they were going to non renew on policy due to your having 2 home insurance claims. In appears, that rather than continue with Co-Operators processing the claim, you decided to not to immediately proceed with this claim because of the non renewal and you determined that because of 2 claims on your home insurance policy ( Co-Operators ) a new insurer would cost you $5-$7000 in premiums per year.

3) So you got a new insurance policy with another Insurer by reporting only 1 claim on your home insurance policy which meant you were not being hit by the $5-$7000 premiums. Basically
misrepresented your situation to the new insurance company.

Now you are in a pickle because you did not proceed with the car/house collision claim ( Co-Operators -- former insurer ) and cannot do so as this additional claim would come to light to your new insurer who may look disfavorably on your lack of forthcoming.

So you feel that the car insurance company for the thieving 12 year old should pay for your house damage and as it is then not a claim on your home owners policy, your lack of declaring full claims history will not become an issue for your new insurer. Pretty complicated issue.

In my opinion, if the parents of the 12 year old are not prepared to declare that the kid stole the car, you are SOL there. So, you would have to sue or have your whole house of cards come tumbling down on you by going back to Co-Operators to proceed with the original claim which may result in the cancellation of your new home insurance policy.

Good luck on this one........
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May 1, 2012
7520 posts
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Markham
alanbrenton wrote:
Oct 11th, 2018 7:21 am
Boss, which is best under the current circumstances?

Analysis paralysis here.
Honestly, OP is pretty screwed because of his non renewal and his lying to his new insurance. At this point the best case would be to ask the neighbours to pay with a loan and if they refuse just pay it himself (on a loan) if necessary and then basically sue the neighbour for damages, legal fees, and a bunch of other stuff. The neighbour will probably panic and try to settle, which would even out OPs costs. But this can take time and even more money.
Sr. Member
Mar 5, 2006
830 posts
213 upvotes
Toronto
From what I've seen around on RFD, the best bet for both you and your neighbor is....GoFundMe!
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Aug 10, 2013
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Have the child charged and sue him when he is an adult.

Old Urban Myth is that if keys are found in the vehicle (not hotwired), then the vehicle is not stolen. It would fall under the parents auto insurance policy as they are essentially loaning their policy to their uninsured child by not having the keys secured.
I am up for discussion and correction on this but i believe you would need to sue their Auto insurance company for property damages.
Last edited by 6mthatch on Oct 11th, 2018 11:07 am, edited 1 time in total.
Deal Expert
Jun 30, 2006
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Toronto
Does it really matter who was driving the car? The insurance policy under that car should cover the property damage no?
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Apr 8, 2010
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Am i the only one that wants to see pics? OP please deliver, thanks
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