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My daughter was asked by his freind to drive home from a lunch in his car, where she agreed to do. About how she hit a car stopped at a light from behind. The people's car was not damaged and they left the scene with exchanging information. My friend does not want girls to go to his insurance company for fear of rates will be increased. Both girls are 18 and that the conduct of one year. What should my daughter do to protect themselves against legal problems and she should pay for repairs of damage on his car freinds? |
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This is a very difficult situation. You have a friendship, possibly other parents, and the possibility of obtaining suit later. The problem you described is that " the insurance follows the car ", so that their insurance company will pay for damage to your daughter. If they make a request, it is likely that rates go up, not because of damage in itself, but the fact that their daughter was loaned a vehicle increases the amount of risk they pay. Your insurance company probably will not pay, because your policy is probably not triggered until the insurance covering the car is the first payer. So this will put you on this dilemma. Can they legally sue for that? Yes, but in doing so, their own insurance company will cover your daughter. Remember, the insurance follows the car, and the "basket clause " of the political will ( this clause covers anyone driving the vehicle until the driver is a permissive, not excluded from the policy ). If this is the cause, and then their insurance company must "defend " your daughter and pay the damages. Something they do not want to. As the coverage of this policy, their insurance company will probably step in. Now, this is just a factual scenario and without looking at the policies, it is very difficult to say (do not rely on this subject, talk to your lawyer ). It caused the damage, if they come after your daughter you can 1. Pay for the damage ( and get a release " of all claims so that your payment is late this ), or file a claim. |
