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Old 09-14-2012, 04:56 PM
 
Location: Brentwood, Tennessee
39,037 posts, read 37,675,762 times
Reputation: 73651

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I haven't seen anyone being rude. We all are trying to answer your question.

If you're offended by my post about ignorance of the law, there is no need to be. It's not a judgment. "Ignorance" just means "not knowing."

He didn't know the law. Not knowing it, however, doesn't mean he doesn't have to follow it.
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Old 09-14-2012, 05:57 PM
 
8 posts, read 6,649 times
Reputation: 11
No, I understand what you mean. I'm just trying to understand the law, and I'm taking it as some people expect that I should be knowing all of this. Each state is different and I'm trying to better understand why all of this is his fault, and only his fault, and not partly his brothers for not having his car legal in the first place. I'm just trying to understand it is all, and just feel like people are expecting that I should know, when I honestly don't. Hence why I posted. And he obviously knows that he is at fault for this accident and understands that he has to pay the fine, it's more me trying to figure out WHY it's only him and not his brother.
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Old 09-14-2012, 06:39 PM
 
Location: Johnson City, Tn
973 posts, read 1,190,274 times
Reputation: 782
It boils down to whoever is behind the wheel is the person responsible for anything that happens with the car.
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Old 09-14-2012, 08:32 PM
 
8 posts, read 6,649 times
Reputation: 11
Well thank you for all your help
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Old 09-14-2012, 09:38 PM
 
Location: Brentwood, Tennessee
39,037 posts, read 37,675,762 times
Reputation: 73651
Sorry you're having to deal with it. I know it's a pain, but glad no one was hurt.
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Old 09-15-2012, 05:38 AM
 
Location: Knoxville, Tennessee
22,533 posts, read 46,067,135 times
Reputation: 13302
Wmsn4Life was not trying to be rude, I suspect. "Ignorantia juris non excusat" is a legal principle meaning that even though you didn't know the law it is not considered a valid excuse to this judge or any other.

Regarding insurance laws or even how insurance works, I'm a licensed agent in property and casualty in 44 states including Maine and Tennessee. You do not have to purchase personal liability insurance to drive someone else's car in either state. Further, if you own the car and want to allow say, your neighbor to drive it down to the grocery store and it is not on a regular basis then you do not have to list them on your policy. Things do become muddy when relatives are involved, especially if the insurance company and/or a judge suspects that they live with the owner of the car or drive it on a regular basis. And of course my guess is the judge thinks that your boyfriend knew it wasn't insured anyway, since the car's owner is his brother. By the way, all of these scenarios are the same in Maine and Tennessee. And yes, generally it is the responsibility of the owner of the car to have insurance. I was a crime reporter up in Mass for many years. But once again, I suspect the judge is calling shenanigans due to the brother situation.

Anyway, I didn't mean for this to be an insurance lecture. I hope all of this information helps and best of luck to you.
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Old 09-15-2012, 02:41 PM
 
Location: Sale Creek, TN
3,800 posts, read 3,429,050 times
Reputation: 3985
If he had been on her insurance before the accident, wouldn't that cover him on this accident? Doesn't your insurance cover you if you have an accident while driving a rental car?
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Old 09-15-2012, 06:03 PM
 
Location: Knoxville, Tennessee
22,533 posts, read 46,067,135 times
Reputation: 13302
Quote:
Originally Posted by Creekcat View Post
If he had been on her insurance before the accident, wouldn't that cover him on this accident? Doesn't your insurance cover you if you have an accident while driving a rental car?
Yes. If he was on his girlfriend's insurance then he would be covered. That still doesn't address the brother that didn't have insurance. But her boyfriend would have to live with her in order to be able to be put on her insurance. Most large, conservative insurance companies insist that all licensed drivers in the household be on the insurance. The company I work for demands it unless the other people have insurance elsewhere. And if they are related then they are listed even if they are insured elsewhere.

But we don't know where the boyfriend was living. In fact, we don't know a lot about this situation and that's why we can't give good advice. I'm constantly amazed at how little folks understand about insurance laws and how much bad info regarding insurance is posted all over the web.

All we can do is think the judge knew more than us and his actions were justified. If not, then the OP should hire an attorney although, really, this is the boyfriend's issue.
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Old 09-15-2012, 06:09 PM
 
2,683 posts, read 5,368,298 times
Reputation: 1739
the company that I work for will insure a person that doesn't live in the household, if they are a regular driver of the vehicle.
For instance, a caregiver taking an elderly person to the doctor, doing their errands for them, etc. Each company is different.
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Old 09-15-2012, 06:21 PM
 
Location: Knoxville, Tennessee
22,533 posts, read 46,067,135 times
Reputation: 13302
Quote:
Originally Posted by artemis View Post
the company that I work for will insure a person that doesn't live in the household, if they are a regular driver of the vehicle.
For instance, a caregiver taking an elderly person to the doctor, doing their errands for them, etc. Each company is different.
Yes! Mine, too!

If he regularly drives her car then we would insist that he be put on the insurance. Of course, the guy got in an accident driving his brother's car...

Edit: I just noticed that she said that her boyfriend and her share a car...

So, my company would have wanted this guy on her insurance, anyway. But this still has nothing to do with the fact that the brother doesn't have insurance. I suspect there is far more to this than we know, maybe that even she knows.
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