[bahasad]

So as I posted in a thread before, I am driving my sisters BMW around as see is out of the country and to save the miles on my cars.

Well lo and behold, last week, a lady backed up into the passenger front fender of her car as I was exiting out of a gas pump. Filed a police report (non-reportable), exchanged information and went on my way. In all fairness, the incident is minor, just a rather large dent on my sister's cars fender. No paint damage no mechanical damage.

Well its been over a week and the other ladys insurance (progressive), is dicking around with very little activity on getting the car fixed. An adjuster hasn't come out to look at the car or anything.

So what should I do here? I neglected from giving my sisters insurance info because strictly speaking I am not on her insurance at her address.

I thought this would be easy, quick, simple. I don't want any money I just want the car to be fixed and that's it.

TLDR: Lady backed up into my sisters car which I was driving. Thought this would be easy. No progress no urgency. What to do?

[vooonoo]

Well you're not on her insurance so you can't report it or they'll drop her, unless you use your own insurance

[_tlink]

I second vooonoo you will have to use your own insurance in this case since you are not a part of her policy

[bahasad]

Originally Posted by vooonoo

Well you're not on her insurance so you can't report it or they'll drop her, unless you use your own insurance

Even when I have no real liability in this case?

Located in NJ too even though the accident was in PA.

[Billfitz]

In most states (there's a good reason to list your location) the claim is made with your insurance company (your sisters in this case) and they handle everything. Assuming she has standard coverage it doesn't matter who was driving it.

[rak299]

If both cars were moving and the lady didn't admit fault on a police report, it might be considered joint-liability, regardless of who really screwed up. Does your sister's car have collision? You may end up owing the deductible and it may count against your sister's insurance.

[louielouie]

Are you covered by your insurance to drive her car?

Someone rear ended my friend while he was driving his dad's car about a year ago. It turns out he wasn't covered as his dad removed that portion of their plan and had to pay some hefty fines. We're in California - I'm sure this varies state to state.

[bahasad]

Originally Posted by Billfitz

In most states (there's a good reason to list your location) the claim is made with your insurance company (your sisters in this case) and they handle everything. Assuming she has standard coverage it doesn't matter who was driving it.

The insurance is in NJ and the car was in Pennsylvania at the time of incident.

[vooonoo]

Originally Posted by bahasad

Even when I have no real liability in this case?

Located in NJ too even though the accident was in PA.

You have to see what her insurance company's policy is about having drivers that aren't on her insurance but are on other insurance since you are an insured driver. I'm pretty sure you're going to have to use your own insurance in this case.

https://www.personalinjurylawjournal...one-elses-car/

this talks about injury but go to the second paragraph, this talks about being in NJ too

"Now what happens if you are injured in the accident that you caused while driving your friend’s car with his permission? If you own a car, then that car’s insurance policy should pay for your medical bills in accordance with its policy terms and limits. If you do not own a car but you live with a resident relative who owns a car, then that insurance policy should pay for your medical bills in accordance with its policy terms and limits. If you do not own a car and do not live with any resident relative who owns a car, then the insurance policy covering your friend’s car should pay for your medical bills in accordance with its policy terms and limits. "

I know it's talking about injury but i believe its the same for damage of the vehicle

[eluded]

If her car is insured then her insurance covers it. The only time your insurance would cover is if she did it have insurance. This is why you never loan your car out.

Have her file claim. Pay her deductible and eventually progressive will pay out and reimburse. Or she could sue herself.

[IK6SPEED]

Originally Posted by bahasad

So as I posted in a thread before, I am driving my sisters BMW around as see is out of the country and to save the miles on my cars.

Well lo and behold, last week, a lady backed up into the passenger front fender of her car as I was exiting out of a gas pump. Filed a police report (non-reportable), exchanged information and went on my way. In all fairness, the incident is minor, just a rather large dent on my sister's cars fender. No paint damage no mechanical damage.

Well its been over a week and the other ladys insurance (progressive), is dicking around with very little activity on getting the car fixed. An adjuster hasn't come out to look at the car or anything.

So what should I do here? I neglected from giving my sisters insurance info because strictly speaking I am not on her insurance at her address.

I thought this would be easy, quick, simple. I don't want any money I just want the car to be fixed and that's it.

TLDR: Lady backed up into my sisters car which I was driving. Thought this would be easy. No progress no urgency. What to do?

Your sisters comp and collision will cover with you as driver.

Contact them. Have them fix and they will sue Progressive to recover.

Or tell Progressive you are turning over to her Insurance in 72 hours to handle it and they will just sue Progressive. That works wonders in getting things done as that means they get stuck with whatever your Insurance decides.

[tex2670]

Originally Posted by bahasad

So as I posted in a thread before, I am driving my sisters BMW around as see is out of the country and to save the miles on my cars.

Well lo and behold, last week, a lady backed up into the passenger front fender of her car as I was exiting out of a gas pump. Filed a police report (non-reportable), exchanged information and went on my way. In all fairness, the incident is minor, just a rather large dent on my sister's cars fender. No paint damage no mechanical damage.

Well its been over a week and the other ladys insurance (progressive), is dicking around with very little activity on getting the car fixed. An adjuster hasn't come out to look at the car or anything.

So what should I do here? I neglected from giving my sisters insurance info because strictly speaking I am not on her insurance at her address.

I thought this would be easy, quick, simple. I don't want any money I just want the car to be fixed and that's it.

TLDR: Lady backed up into my sisters car which I was driving. Thought this would be easy. No progress no urgency. What to do?

Call her insurance representative every day; 2x a day if you need to. Then start calling the lady and tell her that her ins rep won't call you back.

[tex2670]

Originally Posted by IK6SPEED

Your sisters comp and collision will cover with you as driver.

Contact them. Have them fix and they will sue Progressive to recover.

Or tell Progressive you are turning over to her Insurance in 72 hours to handle it and they will just sue Progressive. That works wonders in getting things done as that means they get stuck with whatever your Insurance decides.

You think Progressive will be intimidated by a threat that they will be sued for what's probably $2,000-$3,000?

Note that if you go through sister's insurance company, then sister may have to come out of pocket for the deductible, to be reimbursed when (if?) the other lady's insurance company finally pays out. BUT--it likely will get fixed much quicker.

[IK6SPEED]

Originally Posted by tex2670

You think Progressive will be intimidated by a threat that they will be sued for what's probably $2,000-$3,000?

Note that if you go through sister's insurance company, then sister may have to come out of pocket for the deductible, to be reimbursed when (if?) the other lady's insurance company finally pays out. BUT--it likely will get fixed much quicker.

Actually you answered your own question.

Absolutely they will.

If there was $20k worth of damage, they might fight to get it down.

At $2k, there is no fudge factor and it’s not worth them spending an amount equal the size of the claim to have hours of work settling with your sisters insurance for $2k.

[bily]

Tell them your neck started to hurt. That will get their attention.

[OneLastBMW]

Every state and most policy coverage rules are different. For me another driver can only be added if they live with me but if I give permission to a driver who doesn't live with me to use my car, it is covered by my insurance. Once my son moved out, I can, and did with my agents blessing, loan him a car for a few months and he doesn't need to be (in fact he can't be) listed on my policy.

But that's me and my insurance in my home state. None of us could possibly know what coverage your sister has or what your state might dictate/allow.

[OneLastBMW]

Originally Posted by eluded

If her car is insured then her insurance covers it. The only time your insurance would cover is if she did it have insurance. This is why you never loan your car out.

Have her file claim. Pay her deductible and eventually progressive will pay out and reimburse. Or she could sue herself.

Do you really know if any of that is accurate with his sister in NJ?

[rak299]

As I said above, if you are not on a public street and both cars are moving, it is often considered joint liability, especially in cases where the liability is not that great. In that case, each party pays his or her own deductible.

[tex2670]

Originally Posted by rak299

As I said above, if you are not on a public street and both cars are moving, it is often considered joint liability, especially in cases where the liability is not that great. In that case, each party pays his or her own deductible.

How on earth is being on public street relevant to fault? Perhaps if something happens in a private parking lot, there might not be a traffic violation, and the police may not be able to issue a ticket. But that's completely different from insurance determining fault.

[rak299]

I never said insurance rules are supposed to make sense. In this case, fault doesn't mean "who screwed up?" It means "who pays?" If the driver of the other car says to her insurance company, "It's my fault", that's one thing. If not, I would expect joint liability.

[Coercion Shaman]

Originally Posted by tex2670

How on earth is being on public street relevant to fault?

They look at a public street/usage as having a clearly defined pattern of traffic and right of way. That defines fault. That is definitely not always the case on private property and the insurance company would absolutely use that to claim a joint liability if they can.

We all know they employ lawyers full time. They are happy to fight anything they can because it is already costing them anyway (unless they see a cheaper out by settling early).

I may have missed it in the conversation above, but does your sister know about this? How does she, as the owner, want to proceed?

[IK6SPEED]

Originally Posted by OneLastBMW

Do you really know if any of that is accurate with his sister in NJ?

Comp and collision will cover in any state whether owner is in control of car, another person is in control of car or car is empty.

If it did not, every car lease or loan would require you sign to not allow anyone else to drive your vehicle in the documents.

They don’t.

They only require Comp and Collission.

End of story.

Originally Posted by rak299

As I said above, if you are not on a public street and both cars are moving, it is often considered joint liability, especially in cases where the liability is not that great. In that case, each party pays his or her own deductible.

If a car backs into you, as was the case here, that argument would be virtually impossible. Furthermore the entrance and exit would be considered the primary access of which OP states they were on. The other driver BACKED INTO the primary access (I assume) from the gas pumps.