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Question
A car hit me from behind while I was waiting traffic light to turn green. He acknowledged it's his fault, since it's a minor accident, we didn't wait police to write a report and just exchanged insurance information. Now I found out the driver is not the owner of the car, he is an auto mechanic who was testing a client's car. Insurance company (State Farm) policy says the car is not insured in this case since the driver is an auto mechanic. Should I ask the driver or the owner to pay the small damange (estimated by an auto body shop at $500)?
The owner is not responsible.
The driver and/or his employer (the repair shop) is responsible. The repair shop likely has a "garage liability" insurance policy that will cover their liability.
If they do not have insurance, then your insurance company should cover your damages under your uninsured motorist coverage, but that probably has a deductible that you won't want to pay.
Worst case scenario, the repair shop owner should pay you direct for your damages. And if they refuse, you can take them to small claims court. You will not need a lawyer for this.
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Answers by Expert:
Claims Guy
Expertise
I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer......I can answer questions related to any aspect of Automobile insurance claims and coverages. I can provide an inside look at how insurers operate. I always treat my customers fairly and want to help make sure you are treated fairly. However, please keep in mind that being treated fairly according to the law does not guarantee that you will get what you want. I can also answer some questions regarding Homeowner's and other types of insurance claims. I have handled all types of auto insurance claims and coverages. I am NOT an automotive repair expert but can give advice re how insurers handle complex repair issues. Please keep in mind that every state has its own set of laws pertaining to rules of the road, liability, and insurance. No one is an expert on every state. I am most familiar with laws in Maryland, DC, West Virginia, and Virginia, but will attempt to answer questions for other states. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.
Experience
I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.
Organizations
CPCU Society. Adjusters license in multiple states. International Association of Specal Investigators
Education/Credentials
I have a B.S. in Finance and have completed the AIC and CPCU designations.
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