ok so here is the thing a week ago my car was parked in my apartment complex in dallas tx later that night at eleven pm a police man came knocking to my door asking if that car was mine, he told me there had been a collision. a drunk driver had wrecked my car and in 3 other cars that were parked next to me. since my car was the one that was hit first it was totaled. So the issue is this: the driver had just bought that car from another owner, next day the police called me and gave me the information for the previous owner of the car and his policy, and the information for the driver. i called and filed a claim but the adjuster told me they had to wait to see the police report because if the driver was not included in the policy it would not cover. Now I dont even know what is bothering me here. the adjuster had somebody come and look at the dmgd cars and take pictures, and everything. yet two days later he tells me they will not pay because that vehicle used to be, but was not insured with them anymore. the owner sold it and it had already been removed from the policy and besides it would not cover since the driver who caused the accident was not listed in the policy. I dont know what to do i think the insurance is lying to me and im going to sue somebody yet idk who is more at fault the previous owner or the driver. if the car had been removed from the policy why did it still show in the cop’s computer it was still insured??? or if the man had sold the car why did would he leave his information in the glove box?? please tell me what game are these ppl playing because idk what to do I have no car, and im very very pissed off.
#1 by Ginger on July 31st, 2011
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The insurance company is not lying to you. When someone sells a car, they replace ownership and the policy the previous owner had becomes null and void. The new owner of the car is responsible for insuring it immediately upon purchase.
Most policies do have an exclusion endorsement against driver’s who are not listed as driver’s on the policy.
Just because a policy shows up on dept. of motor vehicle records doesn’t mean it’s insured or even that the vehicle is owned by the person who had it insured. What the police officer was doing was checking the VIN record. VIN records along with insurance records take days to update in the system. If I sell you my car and a VIN record is run it will still show me and my insurance company until you (the new owner) register the vehicle and purchase insurance for it. Once the new owner has registered the vehicle and purchased the insurance, it will take a few days to update in the VIN system with the dept. of motor vehicles. In the meantime, the vehicle is still owned by the new owner and the insurance should have been purchased by the new owner.
Now, here’s what you do….turn in the claim to your insurance company. It will be covered under Uninsured Motorist coverage and you will have to pay your deductible (whatever the standard deductible is in your state). If you don’t carry UM coverage, you will need to have it covered by Collision coverage and again, your dedutible applies (whatever the deductible was you chose when you purchased your policy). If you don’t carry Collision coverage, your final option is to sue the owner of the vehicle and the driver in small claims court.
Good luck to you.
#2 by StephenWeinstein on July 31st, 2011
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The reason that police computer showed what it did is that it takes a few days to update the computer. The reason that the information was still in the car could be that someone forgot to remove it. I have information in the glove box of my current car (which I bought in 1998) about the insurance that the previous owner of my previous car (not this car) had on that car (which became mine in 1996).
The insurance company would not lie about this. It is remotely possible that the original owner had merely loaned the car, and not sold it, in which case they are both responsible. Also, if the original owner sold the car to a person who was drunk at that time and allowed a drunk person to drive away in it, there could be some responsibility there. If there really was a sale, and the original owner no longer had any connection to the car, other than being a previous owner, and you feel that previous owners should be sued, then why not the manufacturer, since the manufacturer also once owned the car? (I am kidding.)
Seriously, the answer to your question is:
1. If the new owner had insurance, then the new owner’s insurance company is the insurance company that should pay. Contact that company, not the old owner’s insurance company.
2. If the new owner did not have insurance, then you should call the police and have them charge the person with driving without insurance (as well as drunk driving) and then sue the drunk driver.
#3 by mbrcatz on July 31st, 2011
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Dude, you got hit by an uninsured driver. The NEW owner, didn’t buy insurance. The old owner’s insurance doesn’t cover the car, even if it iS listed, once it’s sold to someone new! You can’t insure my car, I can’t insure your car, the old owner can’t insure the new owner’s car.
The person you sue, is the guy who hit your car! How in the WORLD could the previous owner be at fault, for the new owner driving drunk and hitting your car? Doesn’t make any sense.
The cop’s computer can take 3 – 10 days to update in the system.
You need to file the claim with YOUR collision insurance, for YOUR damages.
If you have no collision insurance, you are uninsured. Just like the guy who hit you.