Automotive

Underage driver accident - Help!!

  • Last Updated:
  • Oct 12th, 2018 3:46 am
Deal Addict
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Jun 26, 2011
1567 posts
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No Fault insurance in Ontario applies only to car insurance. OP's home was damaged, so OP's home insurance answers to this loss. As someone has pointed out, it's no different than if a tree dropped onto the house - it doesn't matter whose tree it is. The home insurance for the damaged home will repair the house, regardless of whose fault it is. Then, the insurance company will likely go after the neighbour/their insurance.

So in OP's case, there's no way they can get the neighbour's insurance to pay them directly.
Newbie
Sep 16, 2018
13 posts
10 upvotes
Can someone explain to me why OP's premiums go from $700 to $5000-$7000 over a claim where he isn't at fault and there is another party liable and at fault?

That sounds ridiculous to me...
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Feb 24, 2007
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Miata23a wrote:
Oct 11th, 2018 1:51 pm
Can someone explain to me why OP's premiums go from $700 to $5000-$7000 over a claim where he isn't at fault and there is another party liable and at fault?

That sounds ridiculous to me...
IT'S ALL ABOUT PROFIT..Smiling Face With Horns

Makes you wonder what is the purpose of a house insurance if you actually continue to pay those stratospheric premiums over the next few years?
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May 1, 2012
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Miata23a wrote:
Oct 11th, 2018 1:51 pm
Can someone explain to me why OP's premiums go from $700 to $5000-$7000 over a claim where he isn't at fault and there is another party liable and at fault?

That sounds ridiculous to me...
From what I understand, he is simply someone who is more likely to claim. It's irrelevant if the fault is his or not. This homeowner simply claimed too many times in a short period of time. No insurance wants to hold the bag onto someone who keeps claiming damage. It isn't even worth it to raise premiums at this point, because this homeowner might just claim again. It is best business sense to just let the customer go.

This works as well for any type of insurance, including car insurance.
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Feb 24, 2007
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Anikiri wrote:
Oct 11th, 2018 2:01 pm
From what I understand, he is simply someone who is more likely to claim. It's irrelevant if the fault is his or not. This homeowner simply claimed too many times in a short period of time. No insurance wants to hold the bag onto someone who keeps claiming damage. It isn't even worth it to raise premiums at this point, because this homeowner might just claim again. It is best business sense to just let the customer go.

This works as well for any type of insurance, including car insurance.
Does your auto premium increase ten-fold under the exactly same scenario?
[OP]
Newbie
May 7, 2010
38 posts
32 upvotes
daivey wrote:
Oct 10th, 2018 11:37 pm
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.
So my old insurance (cooperators) told me a claim doesn't count until its paid out. So technically it doesn't need to be on my record if the neighbours or their insurance pay for this. That is why I don't want to claim it myself. Insurance companies seem to view this as my house is now a "risk" because this vehicle caused structural damage. I think that is why. Apparently there are no laws against insurance companies "non- renewing" which is different from them "cancelling" me. They can non renew as they see fit. Also, not sure if this is relevant but as soon as I got my new insurance, I canceled my old insurance the day before they were set to non renew so there was no non renewal on my record. If I choose to cancel my insurance myself, there is no negative impact on my record.

Ive learned so much about insurance through this experience so I'm extremely jaded when it comes to insurance companies.
Newbie
Sep 16, 2018
13 posts
10 upvotes
Exactly!

Auto insurance doesn't go up until 3 not at fault claims in a year at least with icbc
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May 1, 2012
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eldiablo wrote:
Oct 11th, 2018 2:05 pm
Does your auto premium increase ten-fold under the exactly same scenario?
It's a little different with Auto coverage, if you claimed a bunch of acts of god or mischief, etc... then they will let you go as well. Premiums may not rise, but the insurance company will certainly do a non-renewal.
Last edited by Anikiri on Oct 11th, 2018 2:27 pm, edited 1 time in total.
[OP]
Newbie
May 7, 2010
38 posts
32 upvotes
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.
I'm not making a mess, this situation was already a mess. I didn't lie to my new insurance really..., i initially told the new insurance company broker that I have this accident claim pending (since the neighbours were still thinking they might pay). Sorry that's another aspect of this story because initially they pleaded for me not to call my insurance because they know the subrogation will cause them to potentially lose their insurance in the process. They WANTED to pay until we all realized the crack in my foundation was so significant all the way down to the footings.

My old ins co said a claim is not final until paid so i can cancel it....according to them!

The new insurance company gave me the options of 1 claim in my history or 2 claims in my history. When i went forward with the 1 claim in my history they signed me up based on the fact that the neighbours were paying for the second incident which is what i thought was going to happen. NOW....the work is done, much more expensive and the neighbours are saying they cant afford. So my new insurance policy is in place already. So now if I end up making a claim with the old ins co, does that make it lying?? I technically didn't know....(but really no one new until it was excavated and all this insurance policy stuff had to happen before that!
Sr. Member
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Apr 14, 2006
536 posts
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Toronto
Yea, pix or it didn’t happen
Gotoff wrote:
Oct 11th, 2018 11:52 am
Am i the only one that wants to see pics? OP please deliver, thanks
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Feb 24, 2007
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gem222 wrote:
Oct 11th, 2018 2:23 pm
I'm not making a mess, this situation was already a mess. I didn't lie to my new insurance really..., i initially told the new insurance company broker that I have this accident claim pending (since the neighbours were still thinking they might pay). Sorry that's another aspect of this story because initially they pleaded for me not to call my insurance because they know the subrogation will cause them to potentially lose their insurance in the process. They WANTED to pay until we all realized the crack in my foundation was so significant all the way down to the footings.

My old ins co said a claim is not final until paid so i can cancel it....according to them!

The new insurance company gave me the options of 1 claim in my history or 2 claims in my history. When i went forward with the 1 claim in my history they signed me up based on the fact that the neighbours were paying for the second incident which is what i thought was going to happen. NOW....the work is done, much more expensive and the neighbours are saying they cant afford. So my new insurance policy is in place already. So now if I end up making a claim with the old ins co, does that make it lying?? I technically didn't know....(but really no one new until it was excavated and all this insurance policy stuff had to happen before that!
Continue with the legal aspect. Get that lawyer and sue the neighbour for all your losses. How did a 12 yo acquire the keys to their vehicle?
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May 1, 2012
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gem222 wrote:
Oct 11th, 2018 2:23 pm
I'm not making a mess, this situation was already a mess. I didn't lie to my new insurance really..., i initially told the new insurance company broker that I have this accident claim pending (since the neighbours were still thinking they might pay). Sorry that's another aspect of this story because initially they pleaded for me not to call my insurance because they know the subrogation will cause them to potentially lose their insurance in the process. They WANTED to pay until we all realized the crack in my foundation was so significant all the way down to the footings.

My old ins co said a claim is not final until paid so i can cancel it....according to them!

The new insurance company gave me the options of 1 claim in my history or 2 claims in my history. When i went forward with the 1 claim in my history they signed me up based on the fact that the neighbours were paying for the second incident which is what i thought was going to happen. NOW....the work is done, much more expensive and the neighbours are saying they cant afford. So my new insurance policy is in place already. So now if I end up making a claim with the old ins co, does that make it lying?? I technically didn't know....(but really no one new until it was excavated and all this insurance policy stuff had to happen before that!
Neighbours saying they don't have the cash isn't a legit excuse. They can always take out a HELOC or LOC or whatever to pay for your damages. This isn't even a legit talking point, like what does the neighbour think is going to happen? That they cannot afford it so this all goes away? You need to tell them in no uncertain terms that their dumb kid caused a mess and that they either pay up or there will be litigation, which is pretty iron-clad. There is no way for you to lose this litigation. Furthermore, you need to let them know that they really only have two choices:

1. Pay up and have your house fixed, which in my opinion is already pretty generous of you for not pursuing additional damages.
2. Don't pay up now, get into litigation and you will sue for both damages, repairs, and legal fees. Add this to their own legal fees, this can easily double or triple their out of pocket.

If your neighbours are smart, they'd just settle with you. If they are not smart, they are going to be paying until they die of old age.
Sr. Member
Nov 16, 2011
630 posts
387 upvotes
HAMILTON
So the police were called.... was the minor charged in any way ? Do you have the incident/accident report ? You are going to need it for a lawyer. Do you have any evidence that the parents offered to pay ?

Talk about a little sketchy ....... " Also, not sure if this is relevant but as soon as I got my new insurance, I canceled my old insurance the day before they were set to non renew so there was no non renewal on my record ".

I think there is more involved here than just a small previous claim but ....... Your home insurance ( previous insurer Co-operators ) appear to have been willing to pay for the damages so you really don't have a beef against your insurance.

In all probability, unless the minor was charged with theft , then parents car insurance would not pay. I don't think that their home insurance is involved in any way. Personally, I can see why the parents insurance company does not want to communicate with you.

When I read the stuff you are saying, I would simply suggest that you are making things worse for yourself. This is a situation that should be handled in private and with a lawyer.

I would ask that the thread be closed and you carry on in private.
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Oct 7, 2010
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gem222 wrote:
Oct 10th, 2018 10:08 pm
Hi All!!
So just hopefully looking for some advice! Had an accident at my home where my 12 yr old neighbour from across the street and his friend took the mother's car, lost control and crashed into my house!! Significant foundation damage. Apparently their insurance is not covering it because he was 12 and thus not supposed to be driving. My insurance premiums will go up big time if I claim this on my home insurance because I had another claim last year. Damage is over $28,000 and the family is saying they can't afford to pay. How should I proceed?? I feel like somehow their insurance should be paying for this. I'm in the process of getting a lawyer but would love to hear some suggestions just to know what to expect or if anyone knows any other tips!
Thanks!!
Get all the evidence and sue for damages. Take their house instead lol.
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Jul 26, 2007
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Why does the thread needs to be closed? He didn't post any personal info. All we know he is some random person trolling.

Someone said this is act of God as if it's same as if a tree falls on your house but really it isn't.

This is exact same as if the neighbor kid throws a ball with his family name and address printed on it and breaks your window.

Accident or not, would you just let that go if some idiot breaks your window?

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