What can I do as a result of getting false insurance information from an auto accident? 19 Answers as of December 14, 2010

My daughter was in an accident, the other driver at fault. The girl was 20 and was driving her fathers car. When I contacted her insurance I was told she was excluded from driving his cars. The father told the adjuster that he lets her drive his cars. My car needs some repairs and I tried to contact her with no response. What are my options and can she get in trouble for knowingly giving false insurance information?

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Magnuson Lowell P.S.
Magnuson Lowell P.S. | Richard S. Lowell
Report the accident to your own insurance company. If you have collision coverage, they will cover the costs of repair (subject to your deductible). Then, they will try to get the money from the girl or her father; and will also try to get your deductible. In the meantime, you can sue the girl and her father for the damages. You may wish to try bringing suit in small claims court.
Answer Applies to: Washington
Replied: 12/14/2010
Cary J. Wintroub & Associates
Cary J. Wintroub & Associates | Cary J. Wintroub
You can make an uninsured motorist claim. Please call and we can discuss in greater detail
Answer Applies to: Illinois
Replied: 12/10/2010
Harris Law Firm
Harris Law Firm | Paul Vames
Report your property damage claim to your own insurance carrier under your "Collision" coverage. Your own insurer will pursue the uninsured driver and may potentially be able to recover your deductible for you.
Answer Applies to: Oregon
Replied: 12/10/2010
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Sue her and her father.
Answer Applies to: California
Replied: 12/10/2010
Van Sant & Slover LLC
Van Sant & Slover LLC | David Van Sant
It sounds like you did not get false information, if the father entrusted the vehicle to his daughter the policy covering the vehicle may still be responsible.
Answer Applies to: Georgia
Replied: 12/10/2010
    Law Office of John C. Volz
    Law Office of John C. Volz | John C. Volz
    You can sue both the daughter and the father. He is responsible for any accident which occurs in his vehicle. You may also file a claim with the DMV that the daughter was driving without insurance.
    Answer Applies to: California
    Replied: 12/10/2010
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    You still could bring a claim against the daughter, for her negligence, and against the father for allowing her to drive when he knew she was excluded from the insurance coverage. If that fails, you also may be able to make a claim against your own insurance carrier if you have
    "uninsured property damage" coverage. You can report her to the police if she gave false information. Whether they will do anything is another story.
    Answer Applies to: Oregon
    Replied: 12/10/2010
    Froerer and Miles, P.C.
    Froerer and Miles, P.C. | Bryce M Froerer
    My suggestion is that you initiate an action in Small Claims (under $7500) against both daughter and father. Daughter as driver, and Father as owner, giving permission to drive his car. Go prepared with estimates/bills for the repair of your vehicle.
    Answer Applies to: Utah
    Replied: 12/10/2010
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You may wish to contact the police about the insurance issue; but the father and daughter can be sued based on what you indicate. The problem is their insurance may decline to cover the claim and you would be left to seek recovery from the father and daughter themselves. Good luck.
    Answer Applies to: Connecticut
    Replied: 12/10/2010
    Garvin Law Firm
    Garvin Law Firm | Leland E. Garvin
    The fact that they may have provided you with false information is bad but I am not sure if it would rise to a criminal level and would be difficult to prove even if it did. The good news is that you will still be able to file a claim not that you have better information. As the accident was not your daughters fault the other party is responsible for her damages and if the other girls insurance policy includes portion for "property damage" then the insurance company should pay.

    If you would like some help putting a claim together I may be able to help point you in the right direction and if your daughter had any physical injuries then myself (and most other injury lawyers) would be willing to handle the case on a contingency and would only be paid if monies are recovered from the other party.

    Please feel free to give me a ring of shoot me an email if you would like to chat further.
    Answer Applies to: Florida
    Replied: 12/10/2010
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    I am sorry to hear you are having problems with this scenario. The worst outcome is that the girl's insurance company denies coverage and then your insurance company pays the repair bill. This is something that the insurance companies usually work out on their own and you shouldn't have to worry about it. If you are injured and have to make a claim, then it could also mean that your uninsured motorist coverage would come into play. At that point, you should probably consult with a lawyer. Hope this helps.
    Answer Applies to: Virginia
    Replied: 12/10/2010
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You may sue the driver and the owner in small claims court (up to $5000 limit) there should be no problem.
    Answer Applies to: North Carolina
    Replied: 12/10/2010
    Cary J. Wintroub & Associates
    Cary J. Wintroub & Associates | Sheldon J. Aberman
    You must place a claim with your insurance company, if you had collision coverage, to have your car repaired. Any false statement that may have been made by the girl or her father to the father's insurance, is a matter for the father's insurance to pursue, if it chooses to do so.
    Answer Applies to: Illinois
    Replied: 12/9/2010
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    The insurance company would be liable and you should contact our office for a consultation.
    Answer Applies to: Pennsylvania
    Replied: 12/9/2010
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    If your daughter is not hurt then it is just a property issue. Make sure you contact your own insurance company as they represent you and will want to get reimbursed from the other girls insurance. Most attorneys won't take a property case with no injuries unless you want to pay per hour which may cost more than the repairs
    Answer Applies to: Florida
    Replied: 12/9/2010
    El Dabe Law Firm
    El Dabe Law Firm | Edmond El Dabe
    There is no penalty for giving false insurance information unless the person knew the information was false. You must file an SR-1 with the DMV and the DMV will take action against the other driver if she was uninsured. You can also sue the other driver, or fix the car through your own insurance (your rates should not go up) and ask your insurance to pursue the other driver to get your deductible back.
    Answer Applies to: California
    Replied: 12/9/2010
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    I doubt she can get in trouble for her false representation since you have no damages as a result. Contact her insurance company directly and make a claim if she or her father has not and they will take it from there.
    Answer Applies to: California
    Replied: 12/9/2010
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