dlcobb
04-09-2005, 06:32 PM
My 17 year-old daughter was involved in a serious car accident on 11-23-04; she is the only one who received serious injuries. Her right heel had to be reconstructed with metal plates and screws, which are for life.
We had and have full auto coverage. The driver of the vehicle (who police said was at fault) was an "excluded driver" on the owner's auto policy (her mother owns vehicle). Interesting fact… this “excluded driver” addendum was signed in March of 2003. That means the driver at the time of accident – never bothered to obtain a California license – Secondly, the owner of vehicle – the mother of the driver – gave her permission and knowing about the “excluded driver” addendum gave the keys to her daughter, sounds like insurance FRAUD!
There are no monies to be collected from her insurance (since it is not responsible for coverage), More than likely, if we try to sue them they will file bankruptcy, as they own nothing. Now what are we to do for our daughter?
At this point, the "now what" is have MY insurance company pay for losses incurred. The settlement for her injuries, loss of a vehicle, pain and suffering, loss of wages, loss of half of her senior year in high school, her hard-earned right to maintain her place as a fourth-year varsity swimmer, a right heel that will contain metal plates and pins forever and the use of a foot will never be the same. In addition, there is the mental, physical and emotional damage she has suffered We are looking at maybe 11 grand. While the at-fault driver and owner get off without having to pay one red penny! How's that for our American judical system!
The State of California insists that drivers have auto insurance.
1. All drivers in California must be able to demonstrate ability to be *financially responsible for damages or injury to others resulting from the ownership or operation of a motor vehicle.
Important to Note:
There are four ways to accomplish financial responsibility under California auto insurance law:
Coverage by a motor vehicle or automobile liability insurance policy;
A cash deposit of $35,000 with the Department of Motor Vehicles (DMV);
A certificate of self-insurance issued by DMV to owners of fleets of more than 25 vehicles; or
A surety bond for $35,000 obtained from an insurance company licensed to do business in California.
Under California auto insurance law, all California drivers and owners must have at least the statutory limits of minimum auto liability insurance or an approved alternative way to pay for injury or property damage they may cause. Penalties are very severe for non-compliance with this section of the vehicle code.
Any advice?
We had and have full auto coverage. The driver of the vehicle (who police said was at fault) was an "excluded driver" on the owner's auto policy (her mother owns vehicle). Interesting fact… this “excluded driver” addendum was signed in March of 2003. That means the driver at the time of accident – never bothered to obtain a California license – Secondly, the owner of vehicle – the mother of the driver – gave her permission and knowing about the “excluded driver” addendum gave the keys to her daughter, sounds like insurance FRAUD!
There are no monies to be collected from her insurance (since it is not responsible for coverage), More than likely, if we try to sue them they will file bankruptcy, as they own nothing. Now what are we to do for our daughter?
At this point, the "now what" is have MY insurance company pay for losses incurred. The settlement for her injuries, loss of a vehicle, pain and suffering, loss of wages, loss of half of her senior year in high school, her hard-earned right to maintain her place as a fourth-year varsity swimmer, a right heel that will contain metal plates and pins forever and the use of a foot will never be the same. In addition, there is the mental, physical and emotional damage she has suffered We are looking at maybe 11 grand. While the at-fault driver and owner get off without having to pay one red penny! How's that for our American judical system!
The State of California insists that drivers have auto insurance.
1. All drivers in California must be able to demonstrate ability to be *financially responsible for damages or injury to others resulting from the ownership or operation of a motor vehicle.
Important to Note:
There are four ways to accomplish financial responsibility under California auto insurance law:
Coverage by a motor vehicle or automobile liability insurance policy;
A cash deposit of $35,000 with the Department of Motor Vehicles (DMV);
A certificate of self-insurance issued by DMV to owners of fleets of more than 25 vehicles; or
A surety bond for $35,000 obtained from an insurance company licensed to do business in California.
Under California auto insurance law, all California drivers and owners must have at least the statutory limits of minimum auto liability insurance or an approved alternative way to pay for injury or property damage they may cause. Penalties are very severe for non-compliance with this section of the vehicle code.
Any advice?
