Whose side would you be on? UPDATE page 17 (?!?)

[momz]

This is silly. Your bil gave you the use of his car for a while. Now that it's crashed, you are willing to let a pittance of an insurance settlement come between you. What a sad waste of energy. It's a shame you don't see the use of his car as having been a blessing. Vehicles all have a experation date, so to speak. It's wise to plan for a replacement from the start. I take it you had not prepared for the eventual death of this old car?

 

[kimblebee]

Sure looks like the same info used to rate most auto insurance policies to me.



I am sure that is also the case in Manitoba.

‘An insurance contract is a "contract of utmost good faith", which means that all parties to the contract are under a strict duty to deal fully and frankly with each other. Customers must disclose all facts that are "material" (or relevant) to the risk for which they are seeking cover.

A "material" fact is one which would influence an underwriter when they were deciding whether to accept the risk, and the terms and conditions that should apply. If a customer fails to disclose (or misrepresents) a material fact and this induces the insurer to accept the proposed risk, the legal remedy is to "avoid" the policy. This means the insurer is entitled to treat the policy as though it never existed. Unless fraud is involved, the insurer will normally return the premium and will not pay out on any claim made under the policy.’

So, assuming you’re not in Manitoba...

When we register a vehicle we go to an Autopac dealer (the name of our insurance), we show bill of sale and drivers license. They ask what you want coverage for and how much and then they print out your insurance form and give you your plates (provided you don’t have vanity plates or specialty plates ((Jets, or Humane Society, or Blue Bombers)) and then you’re on your way. There’s no charts or graphs or anything like that. It’s like a 10 minute process.

 

[CdnCarrie]

Here, it’s all based on deductibles. If our car was worth fixing, we would have to pay our $500 deductible and all repairs would be done. The other driver wouldn’t have to pay their deductible and all repairs would be done.

My husbands licence will take a hit. It was $40 last year and I’m guessing it will be about $100 this year. It goes down year after year based on a clean driving record.

But it will now cost your husband more to insure a vehicle in his own name if and when he does so as he will lose merits. It will affect a car registration and not just his license.

 

[Disneylover99]

The part I can't get over is that the insurance is willing to pay $1000 for a twenty year old rusty car. We just got a new van and were trying to get rid of my husband's almost 20 year old Saturn that still looked decent with no rust or dents and still ran good and the most I could get out of it was $125.

So true. My husband recently got rid of his 14 year old rusting car. He had just sunk about $1500 into it to keep it running. On a whim, he bought a new car so we decided to get rid of the old one. The car was still okay to drive, but it would cost us too much money to be certified and sold. We finally got someone to pay us $200 for parts.

 

[low-key]

If he was paying for your insurance also, the money should go to him, but since it a wedding gift, there is so much room for a compromise in this tangled web you all weaved

 

[CdnCarrie]

I'm just not sure that's accurate. I did some quick internet research (which means it must be true):
Source
Source
Source
So while the age/model of your car is a factor, so is your driving record (which would include accidents, tickets, etc). And I specifically looked for "how Canadian auto insurance premiums are calculated".

I'm in OP's province.

You have to realize that in our province we have socialist car insurance. It is only sold by the government.
This is not true for other provinces. So what you researched may not be accurate.

Our government sells car rental insurance for X amount per day which we get when we go to the USA. To the government it does not matter who drives that car - you, me or anyone - the car is insured by the policy. We don't have to pay for additional drivers or tell them who will be driving.
HOWEVER if we have a claim its filed by who was driving. So if and when OP's husband tries to register a car under his own name it will cost him more due to this accident. If he was the registered owner of the car then yes it would cost him more to both insure the car and renew his license next renewal.

So OP's claim that it only affects a license is wholly incorrect. For her husband I guess it does since he does not seem to actually own and register a vehicle at the moment.

Both our vehicles are under my name as I have a bigger discount due to my driving record but the one car is primarily driven by my spouse. I was in a small fender bender a couple weeks ago and the registration on both cars are now going up as they are both under my name.

Hope that clears up some of the confusion.

 

[kimblebee]

I'm in OP's province.

You have to realize that in our province we have socialist car insurance. It is only sold by the government.
This is not true for other provinces. So what you researched may not be accurate.

Our government sells car rental insurance for X amount per day which we get when we go to the USA. To the government it does not matter who drives that car - you, me or anyone - the car is insured by the policy. We don't have to pay for additional drivers or tell them who will be driving.
HOWEVER if we have a claim its filed by who was driving. So if and when OP's husband tries to register a car under his own name it will cost him more due to this accident. If he was the registered owner of the car then yes it would cost him more to both insure the car and renew his license next renewal.

So OP's claim that it only affects a license is wholly incorrect. For her husband I guess it does since he does not seem to actually own and register a vehicle at the moment.

Both our vehicles are under my name as I have a bigger discount due to my driving record but the one car is primarily driven by my spouse. I was in a small fender bender a couple weeks ago and the registration on both cars are now going up as they are both under my name.

Hope that clears up some of the confusion.

Good explaination. I think things were getting confused with too many incorrect posts and assumptions. I was referring to my bil insurance not going up due to this accident and my husband having to pay more for his licence. When (if) we get another car it will be in my name because I have a better record than my husband. Plus, if it’s my car I can finally put my Jets plate on it

 

[CdnCarrie]

Correct. It's the driver not the registrant who's fees would be affected. In this case it's your husband's but if he does not register a car it's a moot point. If he has a couple years of accident free driving by the time he registers a car this accident may never affect him except his license.

 

[sam_gordon]

Correct. It's the driver not the registrant who's fees would be affected. In this case it's your husband's but if he does not register a car it's a moot point. If he has a couple years of accident free driving by the time he registers a car this accident may never affect him except his license.

Just to clarify... insurance rates would only increase/decrease every 5 years (that's when I found you would renew DL in Manitoba)?

 

[CdnCarrie]

Just to clarify... insurance rates would only increase/decrease every 5 years (that's when I found you would renew DL in Manitoba)?

Um no. I have lived in Manitoba for 50 years and you renew your license every year. You only get a new picture for your license every 5 years where you must go into an insurance broker to renew. Otherwise you can renew it online which is probably what you misunderstood.

Or so it has been since I got my license back in the 80s in Manitoba....LOL.

Well the picture thing is fairly new....

As for the OP I would just let it go. You would have paid more in car payments or whatever over the years than $1000. I would just drop it.

 

[ols386]

I haven’t read the entire thread, but I think bil should give you the money for the car, because you two paid for the repairs to the car over past three years, and you’ve also paid all the insurance premiums.

Even though you weren’t able to change the title on the car to your names, the fact is he gave the car to the two of you as a gift for your wedding.

 

[mummabear]

His name is on the title and the insurance is in his name.

It is his car.

If it’s his car than he should have been paying the insurance and repairs on it.

Absolutely the money should be going to you, he gave you the car as a gift.

 

[mummabear]

@kimblebee Is there an excess that has to be paid? If he isn’t willing to give you the $1000 make sure he is the one who pays it.
If he refuses it’s all his problem as the car and insurance are in his name

 

[kimblebee]

@kimblebee Is there an excess that has to be paid? If he isn’t willing to give you the $1000 make sure he is the one who pays it.
If he refuses it’s all his problem as the car and insurance are in his name

The way it works is that assuming they value the car at $1000..they would keep the $500 deductible and then cut a cheque for any value over and above that. We/he wouldn’t have to pay any money, just lose the $500 off the top.

 

[mummabear]

The way it works is that assuming they value the car at $1000..they would keep the $500 deductible and then cut a cheque for any value over and above that. We/he wouldn’t have to pay any money, just lose the $500 off the top.

Darn, no way for force his hand then.

Have you asked him for a wedding gift then?

 

[Southernmiss]

But you had 3 years of no car payments. That's like worth $10-$15,000. That's a pretty good gift! All cars will need maintenance and insurance over 3 years.

 

[Saimaeve]

So, there was no sworn statement of Family Gift completed and filed? Do you have any paperwork showing he signed the car over to you at all?

It seems odd that the repairs needed to transfer it were not completed in 3 years, that seems very dangerous and a bit shady. Why drive an unsafe vehicle for so long?

I don't understand why the insurance was transferred to solely your name as it wasn't his car anymore.

I'm not sure how you mean "This is just how it is done here" That seems like a really odd cop out. If it's "how things are done" then wouldn't this be a non-issue?

Even if he "gave" it to you as a wedding gift, unless the paperwork is filed it isn't a gift. But you've had 3 years without having to pay for major repairs of getting it up to code or a car payment, that's a great gift in itself and you should be fine for a car payment or to buy a car of your own now and write this off as a lesson on following the law.

 

[tarheelmjfan]

Regardless of who gets the check, I think it would behoove us all to know Manitoba law, from a better source than a random online search, before telling someone who lives in Manitoba they don't understand how their insurance works. Arguing, when you don't know what you're arguing about seems counter productive. US laws & laws from other Canadian provinces are irrelevant. This is near the top of most ridiculous threads on the DIS. It seems many people are arguing with the OP, because they like to argue.

 

[Nancyg56]

Yes, BUT that’s not the case here. All the yeah buts don’t really make a difference in our case.

Got it. Here it is the owner of the vehicle who is ultimately responsible.

 

[QueenIsabella]

I'm in the camp of "BIL gets the check". You've had mostly free use of the car for three years. Paying for gas, insurance, maintenance is part of the cost of owning/using a car, regardless of whose name is on the title. You've gotten off cheap because of this gift, no two ways about it. You've had three years to save up for another vehicle--those three years were a gift.

Now, if this situation happened with me and my sister, I would give her the check, because that's who I am. I would feel a moral obligation to do so. But I don't think your BIL should have to do this--you guys took advantage of a loophole by not retitling the car, now he gets to take advantage of a loophole by keeping the check. I don't think either of you has the moral high ground here. Your BIL may be the biggest jerkface on the planet, that doesn't change anything.