Disney Information Station Logo

Go Back   The DIS Discussion Forums - DISboards.com > Just for Fun > Community Board
Find Hotel Specials & DIScounts
 
facebooktwitterpinterestgoogle plusyoutubeDIS Updates
Register Chat FAQ Tickers Search Today's Posts Mark Forums Read


Reply
 
Thread Tools Rate Thread Display Modes
Old 03-29-2013, 05:55 PM   #16
wdwmom0f3
Disney Dreamer
I just spent 30 minutes on youtube watching people clean their ears out
 
wdwmom0f3's Avatar
 
Join Date: Aug 2008
Location: Alabama
Posts: 7,974

Quote:
Originally Posted by TifffanyD View Post
Do you have an agent? Insurance laws vary by state PLUS insurance companies have different rules. So most information you get here won't exactly apply to your situation...

For such a delicate and serious situation I would consult your agent. Of course once you tell your agent you know someone else is driving it then your options may dwindle...
I spoke to my agent today and she told me about this "named uninsured" thing. She said that I wouldn't be liable for anything he did should he drive it and kill someone or what ever, but my husband does not trust that. Our attorney is on a cruise so I can't get him right now to double check.

We are in Alabama if that matters.
__________________
Carla DH DD 21 DD 16 DS 13
wdwmom0f3 is offline   Reply With Quote
Old 03-29-2013, 05:56 PM   #17
DebbieB
DVC Member BWV 99
You have to compare apples to apples
 
DebbieB's Avatar
 
Join Date: Aug 1999
Location: PA
Posts: 48,216

Quote:
Originally Posted by wdwmom0f3 View Post
Can someone help with this? Lets say that you have a child who has car insurance with you but you know that she is letting someone drive the car who you do not trust at all and you do not want to be liable for anything that that person does.

Here are the options, you get your child insurance on their own and title the car in her name which will double the cost.

Or

I was told that you could keep everything as is and add his name as an NAMED uninsured driver meaning that anything he does in that car you will not be liable for. Have you heard of this?

Leaving things as they are and naming him as a named uninsured driver with his name on our policy as some one who does not have permission to drive the car would be cheaper BUT, I'm not sure this would hold up legally.

I am making phone calls, one to an attorney soon, but I just wanted to see if anyone here has any advice or experience with this?
I would definitely talk to an attorney. If he does not live with you, I don't see why you would name him on your policy (all licensed drivers in your household are required to be reported). The fact that you are aware that there is an issue would seem to bring liability back to you in case of an accident. You may not be giving permission but your daughter is. So you would have to make a case that the car was stolen by him.
__________________
DebbieB is offline   Reply With Quote
|
The DIS
Register to remove

Join Date: 1997
Location: Orlando, FL
Posts: 1,000,000
Old 03-29-2013, 05:57 PM   #18
sonnyjane
DIS Veteran
 
sonnyjane's Avatar
 
Join Date: Mar 2009
Location: San Diego, CA
Posts: 6,678

By misfit brother was 24 and still driving a car in my mom's name as an insured motorist on her policy. He got a DUI on one occasion and had a collision with a tree on another. We were worried about her being the owner of the vehicle if he were to kill someone in another accident, so she put the car in his name only and removed him from her policy. At the time I was angry at her for essentially giving him a car for being a delinquent, but considering he used to just steal it anyway when she would tell him not to drive it, I'm glad that her name is no longer associated with the situation.
sonnyjane is offline   Reply With Quote
Old 03-29-2013, 06:00 PM   #19
crz4mm2
Most of the time I just sit and scratch my head...
 
Join Date: Dec 2003
Posts: 9,656

Quote:
Originally Posted by wdwmom0f3 View Post
Can someone help with this? Lets say that you have a child who has car insurance with you but you know that she is letting someone drive the car who you do not trust at all and you do not want to be liable for anything that that person does.

Here are the options, you get your child insurance on their own and title the car in her name which will double the cost.

Or

I was told that you could keep everything as is and add his name as an NAMED uninsured driver meaning that anything he does in that car you will not be liable for. Have you heard of this?

Leaving things as they are and naming him as a named uninsured driver with his name on our policy as some one who does not have permission to drive the car would be cheaper BUT, I'm not sure this would hold up legally.

I am making phone calls, one to an attorney soon, but I just wanted to see if anyone here has any advice or experience with this?
Take the car away?
No brainer to me.
__________________


crz4mm2 is online now   Reply With Quote
Old 03-29-2013, 06:01 PM   #20
The Mystery Machine
DIS Veteran
 
Join Date: Jan 2001
Location: Missouri
Posts: 45,361

Quote:
Originally Posted by wdwmom0f3 View Post
As you can see from the above post, we did that months ago. I am now to the point where I want to sign it over to her and be done with all of this and let her be on here own but she is young with very little money and big issues ahead. I am trying to help my child.

If anyone here can offer advice on insurance and not on parenting I would love to hear from you.

Thanks!
Ultimately you MIGHT BE liable in the event of a catastrophic incident if you are providing her access to the insurance or she lives with you, since she is under 21. Laws are very weird with this.

Now whether you are sued (insurance company and/or civil lawsuit) in the event of an incident remains to be seen. It really depends on your insurance company to settle the claim in a satisfactory matter to the victims.

So if you want to do this for your dd then I recommend VERY VERY VERY high limits and in addition a large umbrella policy to go with it. That will put your mind at ease.

Not sure if I would do an "exclusionary driver" thing on it either because you could be making yourself at fault from the get go if something happens.
The Mystery Machine is offline   Reply With Quote
Old 03-29-2013, 06:03 PM   #21
sonnyjane
DIS Veteran
 
sonnyjane's Avatar
 
Join Date: Mar 2009
Location: San Diego, CA
Posts: 6,678

Quote:
Originally Posted by crz4mm2 View Post

Take the car away?
No brainer to me.
That would be the other option. That said, we dealt with this with my brother. My mom tried to take the car away yet my brother still drove it one day. My mom called the cops to report it "stolen" and they told her they couldn't do anything because if there was EVER a time she told him he could use it, even if it wasn't current, then there's nothing they could do. That was in Florida.
sonnyjane is offline   Reply With Quote
Old 03-29-2013, 06:03 PM   #22
wdwmom0f3
Disney Dreamer
I just spent 30 minutes on youtube watching people clean their ears out
 
wdwmom0f3's Avatar
 
Join Date: Aug 2008
Location: Alabama
Posts: 7,974

Quote:
Originally Posted by DebbieB View Post
I would definitely talk to an attorney. If he does not live with you, I don't see why you would name him on your policy (all licensed drivers in your household are required to be reported). The fact that you are aware that there is an issue would seem to bring liability back to you in case of an accident. You may not be giving permission but your daughter is. So you would have to make a case that the car was stolen by him.
He wouldn't be on our policy, but a NAMED person on the policy saying that we will never give him permission, something like that. I guess like an excluded driver.

Quote:
Originally Posted by sonnyjane View Post
By misfit brother was 24 and still driving a car in my mom's name as an insured motorist on her policy. He got a DUI on one occasion and had a collision with a tree on another. We were worried about her being the owner of the vehicle if he were to kill someone in another accident, so she put the car in his name only and removed him from her policy. At the time I was angry at her for essentially giving him a car for being a delinquent, but considering he used to just steal it anyway when she would tell him not to drive it, I'm glad that her name is no longer associated with the situation.
This is what and why we will probably end up just putting it in her name and taking a chance with liability. I hate to do that!
__________________
Carla DH DD 21 DD 16 DS 13
wdwmom0f3 is offline   Reply With Quote
Old 03-29-2013, 06:05 PM   #23
anniemck
DIS Veteran
 
anniemck's Avatar
 
Join Date: Oct 2012
Posts: 531

Quote:
Originally Posted by TifffanyD View Post
Is there an option (3)... take the car away from the kid since they aren't listening to you and make them get their own car and insurance?
exactly... my kid would for sure lose their driving privileges... of course mine were 18 before they even had their learners permit for the simple reason it is a privilege not a right and I could not afford that privilege.
__________________

Official Disney Freak...
Presidents Day Weekend Twirlmania 2000-2012
Halloween 2011
Mothers Day, August, September, Osborne Family Lights 2012
DCL Wonder March 2013
15 cruises on other lines since 2007
6 trips to Gatlinburg/Pigeon Forge since 2009
Love vacations...
anniemck is offline   Reply With Quote
Old 03-29-2013, 06:09 PM   #24
wdwmom0f3
Disney Dreamer
I just spent 30 minutes on youtube watching people clean their ears out
 
wdwmom0f3's Avatar
 
Join Date: Aug 2008
Location: Alabama
Posts: 7,974

Quote:
Originally Posted by anniemck View Post
exactly... my kid would for sure lose their driving privileges... of course mine were 18 before they even had their learners permit for the simple reason it is a privilege not a right and I could not afford that privilege.
She has lost them. She does not have the car and has not for four months now. I'm trying to work on a solution here.
__________________
Carla DH DD 21 DD 16 DS 13
wdwmom0f3 is offline   Reply With Quote
Old 03-29-2013, 06:11 PM   #25
Scrappy_Tink
DIS Veteran
 
Scrappy_Tink's Avatar
 
Join Date: Aug 2009
Location: Colorful Colorado!
Posts: 4,730

I don't have a solution, but just curious, do you know WHY she lets her friend drive? My son was really scared of driving, so when he went anywhere, his friend would drive (his friend drives his own car). I eventually put him in an awesome driving class, and it gave him so much more confidence.
__________________

Scrappy_Tink is offline   Reply With Quote
Old 03-29-2013, 06:12 PM   #26
sonnyjane
DIS Veteran
 
sonnyjane's Avatar
 
Join Date: Mar 2009
Location: San Diego, CA
Posts: 6,678

Quote:
Originally Posted by wdwmom0f3 View Post

She has lost them. She does not have the car and has not for four months now. I'm trying to work on a solution here.
If you've been successful in keeping her from driving it so far then why give her the car? Is she trouble also or just the guy? I don't mean to intrude, I just am passionate about this stuff because my mom did my brother a great disservice by enabling him and providing him with things he did not deserve by trying to "help him". It only "helped him" use his money unwisely and not become productive.
sonnyjane is offline   Reply With Quote
Old 03-29-2013, 06:13 PM   #27
TifffanyD
DIS Veteran
 
TifffanyD's Avatar
 
Join Date: Apr 2007
Location: Tampa, FL - an hourish from the mouse!
Posts: 7,624

Quote:
Originally Posted by wdwmom0f3 View Post
He wouldn't be on our policy, but a NAMED person on the policy saying that we will never give him permission, something like that. I guess like an excluded driver.



This is what and why we will probably end up just putting it in her name and taking a chance with liability. I hate to do that!
When you have an excluded driver you are saying this: "This person NEVER drives my car so do not rate on them. If they do drive my car, since I told you they don't, they are not entitled to ANY coverage under my policy". Whereas by leaving it as is your policy would apply to him (since it insures the vehicle and occasional drivers). So this basically affects if the insurance covers him but it does not affect your liability...
__________________
.
TifffanyD is offline   Reply With Quote
Old 03-29-2013, 06:17 PM   #28
DebbieB
DVC Member BWV 99
You have to compare apples to apples
 
DebbieB's Avatar
 
Join Date: Aug 1999
Location: PA
Posts: 48,216

http://www.autoinsurancetips.com/wha...surance-policy

Again, I would contact an attorney, I would not take the word of this person in your agent's office. It may exclude him from the policy but not exclude your liability. If he kills someone with the car, they will come after you as the owner. The fact that you knew your daughter was giving him permission is not going to be good.
__________________
DebbieB is offline   Reply With Quote
Old 03-29-2013, 06:35 PM   #29
StitchesGr8Fan
DIS Veteran
 
StitchesGr8Fan's Avatar
 
Join Date: Jul 2009
Posts: 3,825

Hi OP, I think you are doing the right thing talking to the attorney. But it really sounds like you need to put the car in her name and make her pay for her own liability.

But you should have a discussion with her and tell her this:
1. You are putting the car in her name, and she will be responsible for her own policy.
2. The only policy she can probably afford is liability, so if she (or he) crashes the car, its gone. No more car. (This might incent her to find a way to make more money, but I don't know the whole situation so she might be at her max earning potential.)
3. If the car gets crashed, you are not paying to fix or replace it. (This does stink since you paid for the car originally, but it is the sacrifice in the situation).
4. You are doing this because he can't be trusted not to drive the car, and if the car is in your name and on your policy, you and your husband could lose everything.
5. If SHE lets him drive the car and he crashes, she could lose everything too.

It sounds like you have had some ongoing issues with her and the car. I don't think this conversation is going to make her see the light, so you can keep things as is and she won't let him drive the car. But she is 20, and should be able to handle an adult conversation about the responsibilities of a car.

Make sure you highlight that she is on her own, and when the car is gone, its gone. I get that you are trying to help your daughter out and help her get a good start to adulthood. It's hard when the kid doesn't want to help themselves.
__________________
'86-offsite, '91-Buena Vista Palace, '92-offsite, '97-offsite, '98-Magic Music Days, '06-ASMu, '07-FtW, '09-ASMu,'10-POR,'12-Poly (Honeymoon!)
'14 - Pop
StitchesGr8Fan is offline   Reply With Quote
Old 03-29-2013, 06:53 PM   #30
Allaboutamouse
Earning My Ears
 
Join Date: Feb 2013
Posts: 9

Typically an excluded driver classification or title is used for a member of your household or family member that should normally be listed on your policy but for whatever reason you are excluding them from your policy. Usually it’s a high risk driver or someone with a record. It’s put in place to keep your rates and liability limits lower and to protect your insurance company should an accident occur if this person should drive an insured vehicle. I do not think this person would qualify for an excluded driver. Unsure what else your agent could be talking about. As stated before by PP all states have different laws, but the majority of states the insurance follows the car, not the driver. And if your daughter who is listed gives this person permission to drive your car then you are going to be held responsible/liable. Now if the boyfriend in turn allows someone to drive it without your daughter’s knowledge then you may not but that gets real sticky. If you’re not comfortable with your agent’s answer I would suggest contacting your state’s department of insurance. Your attorney, depending on what his “specialty” is may not have the answers either. I previously practiced as an insurance claims adjuster for several southern states and still hold license in two. Unfortunately Alabama is not one. Hope things work out!!
Allaboutamouse is offline   Reply With Quote
Reply



Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

facebooktwitterpinterestgoogle plusyoutubeDIS Updates
GET OUR DIS UPDATES DELIVERED BY EMAIL



All times are GMT -5. The time now is 05:26 PM.

Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.

Copyright © 1997-2014, Werner Technologies, LLC. All Rights Reserved.