paulzale Posted January 5, 2012 Share Posted January 5, 2012 OK, here is the story as I know it. She has no insurance (haven't verified, but highly suspect and would be the worst case) Loaned her car to a friend to go out and run errands Friend does not have insurance Friend gets hit Lady who hit him has some no-name brand insurance Lady goes off on friend when it was clearly her fault Friend was taken to hospital Police report says it is woman's fault Friend seems okay, other than emergency room bills, but has gotten a lawyer I am sure he will get the medical bills covered, maybe some pocket money and the lawyer will get PAID! My MIL's car is totaled. No one is acting on her behalf as the lawyer hasn't contacted her, nor the insurance company. Her car is ranges from $2,700-$3,700 based on the internet used retail pricing of the big three websites. What should I do (it is up to me to look out for her). 1.) Contact insurance company directly and tell them to pay (negotiate) for her car 2.) Contact Lawyer of friend 3.) Nothing due to her lack of insurance? 4.) Other recommendations? Thanks Indiana is the state if that matters. Quote Link to comment Share on other sites More sharing options...
cliaz Posted January 5, 2012 Share Posted January 5, 2012 OK, here is the story as I know it.She has no insurance (haven't verified, but highly suspect and would be the worst case) Loaned her car to a friend to go out and run errands Friend does not have insurance Friend gets hit Lady who hit him has some no-name brand insurance Lady goes off on friend when it was clearly her fault Friend was taken to hospital Police report says it is woman's fault Friend seems okay, other than emergency room bills, but has gotten a lawyer I am sure he will get the medical bills covered, maybe some pocket money and the lawyer will get PAID! My MIL's car is totaled. No one is acting on her behalf as the lawyer hasn't contacted her, nor the insurance company. Her car is ranges from $2,700-$3,700 based on the internet used retail pricing of the big three websites. What should I do (it is up to me to look out for her). 1.) Contact insurance company directly and tell them to pay (negotiate) for her car 2.) Contact Lawyer of friend 3.) Nothing due to her lack of insurance? 4.) Other recommendations? Thanks Indiana is the state if that matters. Take my advice with a grain of salt since I am not a lawyer (Important to stress that) First thing is that I would not speak to the same lawyer that the friend used. I would not speak to any insurance companies or anyone else until you retain your own lawyer. So my advice would be to get a lawyer that is not already involved in this issue to represent your MIL. Quote Link to comment Share on other sites More sharing options...
Puddy Posted January 5, 2012 Share Posted January 5, 2012 For that much money I wouldn't hire a lawyer. If the woman was issued a ticket indicating fault, her insurance company should pay for the car IMO. Quote Link to comment Share on other sites More sharing options...
yo mama Posted January 5, 2012 Share Posted January 5, 2012 (edited) For that much money I wouldn't hire a lawyer. If the woman was issued a ticket indicating fault, her insurance company should pay for the car IMO. +1 cost of lawyer likely exceeds cost of replacing car. You can try going after the insurance company, but they are good at saying no. Edited January 5, 2012 by yo mama Quote Link to comment Share on other sites More sharing options...
paulzale Posted January 6, 2012 Author Share Posted January 6, 2012 +1 cost of lawyer likely exceeds cost of replacing car. You can try going after the insurance company, but they are good at saying no. This is the route I am thinking about going, my only concern is that she (M-I-L) didn't have insurance and is required by law to do so, any possible repercussions by contacting and pushing them on paying for the car? Quote Link to comment Share on other sites More sharing options...
moneymakers Posted January 6, 2012 Share Posted January 6, 2012 Mother in law should be in Jail. What if someone had died and it was her fault? Very inconsiderate of her. Friend should be in jail also. If you pursue this as a judge this is what is going to happen. mother in law has no insurance. Friend has no insurance. Therefore car should not legally be on the road. If car was not be driven the accident would of never happened regardless on whose fault it is. Therefore Mother in law is liable for allowing friend to drive illegal car. Friend is liable for driving an illegal car. Lady that caused accident is at no fault for if car had not been there accident would not of happened. mother in law should pay for damages /medical bills for everyone. Quote Link to comment Share on other sites More sharing options...
Hugh 0ne Posted January 6, 2012 Share Posted January 6, 2012 It won't be long now!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Quote Link to comment Share on other sites More sharing options...
Dr. Sacrebleu Posted January 6, 2012 Share Posted January 6, 2012 I know nothing about insurance companies other than the fact that they will always find a way to screw you, so I am guessing that you will not get redress from them (pretty sure the answer is going to be "oh you woud like to be paid for your car? Sure, just give us your insurance info, and we'll get that right to them") Did the friend know that the car was not insured? If so, IMO the most sensible thing to do would be to split the cost of a new car. If not, it's a little tricky, as no one borrows a car thinking it is not insured. I would never borrow a car (ie assume the liability) if I knew it was uninsured. And since (no offense) only a moran would not insure their car, AND it is the law, one would normally assume when borrowing a vehicle that it was insured unless specifically told otherwise. Quote Link to comment Share on other sites More sharing options...
paulzale Posted January 6, 2012 Author Share Posted January 6, 2012 OK, I agree the car should not be on the road based on the law, but it was and insurance is just a scare for a big expense or accident. Like I said, I assume it was un-insured, but am not 100% sure. What if it just had liability insurance? Besides, jail would be an upgrade for my M-I-L, she would have heat, a roof over her head, cable, and 3 squares, so be careful how you judge people. She needs a car to get around, may or may not have insurance, but given the choice between that and food, what do you choose. I am not saying it is right, but until you have been in such a situation or truly understand her dilemma, don't judge her as a bad person, just saying, I am sure all those casting stones have at least sped once..... Quote Link to comment Share on other sites More sharing options...
Pope Flick Posted January 6, 2012 Share Posted January 6, 2012 First, ignore mm. Easy to do. Secondly in California I knew someone driving without insurance and was hit from behind. The at fault persons insurance covered the repairs no questions asked. So, it might be simply an issue of he responsible party - who is insured - paying out due to fault. And your mil only needs car repairs so they might be more inclined to deal with her than the injured party who represents a potential black hole of payments. Quote Link to comment Share on other sites More sharing options...
paulzale Posted January 6, 2012 Author Share Posted January 6, 2012 First, ignore mm. Easy to do. Secondly in California I knew someone driving without insurance and was hit from behind. The at fault persons insurance covered the repairs no questions asked. So, it might be simply an issue of he responsible party - who is insured - paying out due to fault. And your mil only needs car repairs so they might be more inclined to deal with her than the injured party who represents a potential black hole of payments. This is my hope, the amount is "only" 4k or less, so I want to be sure not to be creating any issues for my M-I-L, just want to be 99% sure before I call the woman's ins. co. Quote Link to comment Share on other sites More sharing options...
Ice1 Posted January 6, 2012 Share Posted January 6, 2012 (edited) If she has Liability insurance then her insurance will take the other parties to task in most cases. I would talk to an attorney. Insurance companies like to be proactive to go on record as suits can easily result regardless of fault. An attorney may charge a consult fee but it would be worth it. Not having Liability insurance however is/can be a pretty big deal. With no liability insurance she has some liability but with no real assets to speak of she may have just lost a car. Getting money back without liability coverage will probably be difficult. The driver at fault's insurance should cover the cost but given the triangle a consult with an attorney would be the first step if she does not have insurance. 1) verify if any coverage of any kind exists. If yes call the insurance companies, hers first then theirs depending on what your MIL's insurance says. 2) With no insurance on your MIL's side call an attorney and spend a few dollars getting real advice as your actions could hurt your MIL. Edited January 6, 2012 by Ice1 Quote Link to comment Share on other sites More sharing options...
paulzale Posted January 6, 2012 Author Share Posted January 6, 2012 If she has Liability insurance then her insurance will take the other parties to task in most cases. I would talk to an attorney. Insurance companies like to be proactive to go on record as suits can easily result regardless of fault. An attorney may charge a consult fee but it would be worth it. Not having Liability insurance however is/can be a pretty big deal. With no liability insurance she has some liability but with no real assets to speak of she may have just lost a car. Getting money back without liability coverage will probably be difficult. The driver at fault's insurance should cover the cost but given the triangle a consult with an attorney would be the first step if she does not have insurance. 1) verify if any coverage of any kind exists. If yes call the insurance companies, hers first then theirs depending on what your MIL's insurance says. 2) With no insurance on your MIL's side call an attorney and spend a few dollars getting real advice as your actions could hurt your MIL. Going with option 2, what are my chances to get this answered for a few $100's to make it worthwhile? I mean if I need to retain a lawyer on her behalf, it would be better to let it go???? Quote Link to comment Share on other sites More sharing options...
moneymakers Posted January 6, 2012 Share Posted January 6, 2012 (edited) OK, I agree the car should not be on the road based on the law, but it was and insurance is just a scare for a big expense or accident. Like I said, I assume it was un-insured, but am not 100% sure. What if it just had liability insurance? Besides, jail would be an upgrade for my M-I-L, she would have heat, a roof over her head, cable, and 3 squares, so be careful how you judge people. She needs a car to get around, may or may not have insurance, but given the choice between that and food, what do you choose. I am not saying it is right, but until you have been in such a situation or truly understand her dilemma, don't judge her as a bad person, just saying, I am sure all those casting stones have at least sped once..... insurance is just a scare for a big expense or accident. If MIL is legit and has liability insurance thats a whole different story. MIL notifies insurance company of lady in fault that she needs a rental now. You get the meter ticking on the bill and you will get action pretty quick. Also MIL does not need to settle for some low ball blue book value on her car. That causes headaches. Headaches can get real expensive. Shouldnt be that hard to find out if MIL has insurance. Edited January 6, 2012 by moneymakers Quote Link to comment Share on other sites More sharing options...
i_am_the_swammi Posted January 6, 2012 Share Posted January 6, 2012 I am not saying it is right, but until you have been in such a situation or truly understand her dilemma, don't judge her as a bad person, just saying, I am sure all those casting stones have at least sped once..... Very tough to do, considering she has operated a vehicle illegally for some time, lent an illegally-operated vehicle to a likely unknowing friend, and now is looking to get some kind of retribution because her illegally-operated vehicle was involved in an accident when, if it hadn't been on the road, no accident would have occurred. Quote Link to comment Share on other sites More sharing options...
Big Country Posted January 6, 2012 Share Posted January 6, 2012 Not necessarily specific to this case, but realize that even if a person has auto insurance, it does not mean that they are covered if someone other than them (or someone specifically named on the policy) is driving the car. Now, with the other driver at fault, probably will not apply here, but for future reference, if your MIL does have coverage, I would suggest she review her policy or ask her agent whether or not she is covered if someone else is driving the car. Reference Quote Link to comment Share on other sites More sharing options...
paulzale Posted January 6, 2012 Author Share Posted January 6, 2012 Very tough to do not really that hard to do if you open your mind, considering she has operated a vehicle illegally for some time define sometime, a day?, lent an illegally-operated vehicle to a likely unknowing friend how do you know he wasn't aware? never said that, and now is looking to get some kind of retribution because her illegally-operated vehicle was involved in an accident when, if it hadn't been on the road, no accident would have occurred what if he had been sitting in it curbside or it was hit curbside with no one in it? If you are speeding and slide off the road, hit a tree and total you car, should insurance not payout?. Things are never as simple as the righteous want to believe, trust me, I am there with you, but open you mind a little and realize the world is full of gray.... Quote Link to comment Share on other sites More sharing options...
paulzale Posted January 6, 2012 Author Share Posted January 6, 2012 Not necessarily specific to this case, but realize that even if a person has auto insurance, it does not mean that they are covered if someone other than them (or someone specifically named on the policy) is driving the car. Now, with the other driver at fault, probably will not apply here, but for future reference, if your MIL does have coverage, I would suggest she review her policy or ask her agent whether or not she is covered if someone else is driving the car. Reference Thanks, I have verified this in my policy before, but I'm guessing she is dealing with low-ball type companies that deny claims left and right due to technicalities Quote Link to comment Share on other sites More sharing options...
Ice1 Posted January 6, 2012 Share Posted January 6, 2012 Going with option 2, what are my chances to get this answered for a few $100's to make it worthwhile? I mean if I need to retain a lawyer on her behalf, it would be better to let it go???? The advice to get your questions answered should only cost a hundred or less. The decision to retain can really only be answered based on the advice given. The most important question is your MIL's liability potential. Once that is answered the secondary question is what steps, if any can be taken to get the asset value back. Obviously she can take her friend to court but probably not worth it. The key question is if the wrongful driver has a liability to fix or replace the vehicle either via insurance or personally, even if your MIL has zero coverage of any kind. No telling what her exposure really is if you file a claim given your MIL had no protection of others by operating a vehicle illegally. The court for sure, will not care about financial issues given driving a car is not a right, but a privileged provided you follow the law to drive a vehicle. These are probably basic questions to for an attorney that deals with accidents and legal advice for asking is pretty inexpensive. What you do with that advice will most likely be determined by the advice given. Good Luck, I know I would invest the $100 or so before giving bad advice in this situation given you are dealing with extended family and bad advice could come back on you quickly. Quote Link to comment Share on other sites More sharing options...
yo mama Posted January 6, 2012 Share Posted January 6, 2012 The advice to get your questions answered should only cost a hundred or less. The decision to retain can really only be answered based on the advice given. The most important question is your MIL's liability potential. Once that is answered the secondary question is what steps, if any can be taken to get the asset value back. Obviously she can take her friend to court but probably not worth it. The key question is if the wrongful driver has a liability to fix or replace the vehicle either via insurance or personally, even if your MIL has zero coverage of any kind. No telling what her exposure really is if you file a claim given your MIL had no protection of others by operating a vehicle illegally. The court for sure, will not care about financial issues given driving a car is not a right, but a privileged provided you follow the law to drive a vehicle. These are probably basic questions to for an attorney that deals with accidents and legal advice for asking is pretty inexpensive. What you do with that advice will most likely be determined by the advice given. Good Luck, I know I would invest the $100 or so before giving bad advice in this situation given you are dealing with extended family and bad advice could come back on you quickly. I don't think you know what you're talking about when it comes to the cost of legal advice. Nor would I trust the kind of legal advice that only costs $100. Quote Link to comment Share on other sites More sharing options...
Ice1 Posted January 6, 2012 Share Posted January 6, 2012 (edited) I don't think you know what you're talking about when it comes to the cost of legal advice. Nor would I trust the kind of legal advice that only costs $100. Maybe/Maybe not I deal with attorneys quite a bit, in fact my SIL is over all the DA's in the Houston region of Texas. I actually have a few attorneys due to some minor business concerns. Here is what I know, most reputable attorneys will give you a consult ranging from $75 to $300 dollars. These consults last about 30-45 minutes maybe less given this particular issue is not very complicated. The expense comes in if you actually hire and retain an attorney. That fee ranges greatly depending on what is needed. A DWI may cost 8K while a B2B lawsuit may cost 2 million or some work of a percentage of the gain. Regardless talking options initially is reasonable given the back side benefit. My personal corporate attorney cost $100 for the initial consult but several grand to set up a company based on Texas law. This business is kind of like going to see a doctor. The initial visit is reasonable the surgery performed is very expensive. Attorneys make their big money in solving the bigger issues if needed but initial advice to determine an action is not really expensive in the grand scheme. To be clear, a consult is reasonable, what you do based on that consult can be very expensive. I didn't try to imply anything different if it came across that way. Edited January 6, 2012 by Ice1 Quote Link to comment Share on other sites More sharing options...
Furd Posted January 6, 2012 Share Posted January 6, 2012 There are quite a few issues. The answer to the questions will depend on Indiana law. I don't have time to go through everything at the moment. You need to consult a lawyer. I have no idea where you are at, but I imagine that it would set you back $300-500. You can't rely on "friend's" attorney. He/she has a conflict of interest. Quote Link to comment Share on other sites More sharing options...
Furd Posted January 7, 2012 Share Posted January 7, 2012 (it is up to me to look out for her). That's the only sad part to this story. Under those circumstances, I'd tell my mother-in-law that she was on her own. Quote Link to comment Share on other sites More sharing options...
Dr. Sacrebleu Posted January 7, 2012 Share Posted January 7, 2012 That's the only sad part to this story. Under those circumstances, I'd tell my mother-in-law that she was on her own. Don't take this the wrong way Furd, but that sentence is the very embodiement of why I am glad I packed my bags and left the US 4 years ago. Under the name of 'personal responibility' we now say things and do things that are in my opinion unacceptable in a civilized society. To send a family member packing and cut them off because they made a mistake, even when it is clear that they are in trouble is neither decent, nor christian, nor acceptable. This sort of - - should-we-let-someone-who-made the-poor-decision-not-to-get-health-insurance-die - YEAHHHHHH! (applause) attitude that is now pervasive in the US, I find really tragic. PS I am talking about general impressions here Furd, I don't mean to attack your paritcular statement. It just reminded me of a larger societal problem IMO. Quote Link to comment Share on other sites More sharing options...
Furd Posted January 8, 2012 Share Posted January 8, 2012 Don't take this the wrong way Furd, but that sentence is the very embodiement of why I am glad I packed my bags and left the US 4 years ago.Under the name of 'personal responibility' we now say things and do things that are in my opinion unacceptable in a civilized society. To send a family member packing and cut them off because they made a mistake, even when it is clear that they are in trouble is neither decent, nor christian, nor acceptable. This sort of - - should-we-let-someone-who-made the-poor-decision-not-to-get-health-insurance-die - YEAHHHHHH! (applause) attitude that is now pervasive in the US, I find really tragic. PS I am talking about general impressions here Furd, I don't mean to attack your paritcular statement. It just reminded me of a larger societal problem IMO. She's irresponsible for not carrying insurance. She's irresponsible for letting someone without insurance drive her automobile. Because of her irresponsibility, someone else is spending his time and possibly his $$ in order to help her out. She doesn't deserve that. Driving without insurance is not acceptable to me. BTW - -Its a car. Your analogy to health insurance was ridiculous. Nothing personal. Quote Link to comment Share on other sites More sharing options...
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