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I was driving when the car in front of me slowed down (almost to a complete stop) to make a right hand turn. I slowed down as well. I look in the rear view mirror and see a large SUV coming at us at ~35 MPH and tell everyone in the car (GF and child) that we are going to be hit. The woman did not slow down. Crashed into us full force. As a matter of fact, she didn't even notice us until she hit us. She was on her phone because the "GPS was acting up."
She admitted fault. Admitted to be using the GPS on her phone which is why she didn't see us. We got her insurance info and DL and took pictures of the damage. (Our car is likely to be totalled, airbags lights are on.) And left the scene.
My GF believes that since I was driving her car and she doesn't have me added on her insurance, that the damage won't be covered (she only has liability insurance for the vehicle). I do have my own insurance for my own vehicle.
Contact the other driver's insurance company. She is at fault (any time a person hits the car in front, they are at fault, says the law) and they will pay.
I don't see how your insurance status is germane in any way. But, be that as it may, you are covered. You have your own liability coverage, your GF has her own liability coverage.
If the other driver turns out not to actually be covered, then your GF will be responsible for paying for the damage to her own car, unless she has uninsured motorist coverage. It certainly is not unheard of for people to get insurance and then cancel it and keep driving uninsured, retaining the proof of insurance slip.
I was driving when the car in front of me slowed down (almost to a complete stop) to make a right hand turn. I slowed down as well. I look in the rear view mirror and see a large SUV coming at us at ~35 MPH and tell everyone in the car (GF and child) that we are going to be hit. The woman did not slow down. Crashed into us full force. As a matter of fact, she didn't even notice us until she hit us. She was on her phone because the "GPS was acting up."
She admitted fault. Admitted to be using the GPS on her phone which is why she didn't see us. We got her insurance info and DL and took pictures of the damage. (Our car is likely to be totalled, airbags lights are on.) And left the scene.
My GF believes that since I was driving her car and she doesn't have me added on her insurance, that the damage won't be covered (she only has liability insurance for the vehicle). I do have my own insurance for my own vehicle.
How do we proceed?
You file a claim with the at-fault driver's insurance company.
Did you call the police? Having a police report will help the claim move along more smoothly. Not having a police report will bog it down some as they will need to her side of the story, and she could delay in giving it or change her story.
Of course in a lot of places the police won't even come to an accident where no one was injured and both cars can be removed from the scene; and if you call them they will show up and scream at you for calling them and tell you to get those cars out of there.
In other places if you assume that they aren't interested because no one was injured and the cars can still be moved, so you just decide to move on after exchanging information with the other driver, they will show up and scream at you and threaten to arrest you for "leaving the scene of an accident".
I have actually had both of these happen in the same city. Somehow the cops expect me, as a person who is involved in a car wreck less than once a decade, to keep totally up to date on the rules and regulations about car wrecks. So I wouldn't put too much hope in getting that "police report". (Irrelevant to the OP who already either has or doesn't have a police report, I know, but may be of interest to others.)
I was driving when the car in front of me slowed down (almost to a complete stop) to make a right hand turn. I slowed down as well. I look in the rear view mirror and see a large SUV coming at us at ~35 MPH and tell everyone in the car (GF and child) that we are going to be hit. The woman did not slow down. Crashed into us full force. As a matter of fact, she didn't even notice us until she hit us. She was on her phone because the "GPS was acting up."
She admitted fault. Admitted to be using the GPS on her phone which is why she didn't see us. We got her insurance info and DL and took pictures of the damage. (Our car is likely to be totalled, airbags lights are on.) And left the scene.
My GF believes that since I was driving her car and she doesn't have me added on her insurance, that the damage won't be covered (she only has liability insurance for the vehicle). I do have my own insurance for my own vehicle.
How do we proceed?
You are almost certainly covered under her policy.
However, it doesn't matter. The claim should be filed with the other driver's insurance carrier since he is at fault.
I would expect this claim will be resolved quickly. Your girl friend is probably entitled to daily compensation for the loss of use of her vehicle. I would make sure I asked the insurance company for either that or a rental car.
Just an update:
The at fault drivers insurance is giving us the run around and bullying us saying we will lose the case. We are meeting with a lawyer and will now also be pursuing personal injury claims as well.
Just an update:
The at fault drivers insurance is giving us the run around and bullying us saying we will lose the case. We are meeting with a lawyer and will now also be pursuing personal injury claims as well.
Wow. Why do they think you'll lose the case?
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