Expert: Anne - 3/13/2010

Question
QUESTION: My dd had a minor incident on private property where she backed into an SUV and did slight damage to his bumper.  The policeman said she was at fault for backing into him and he was at fault for double parking, but since it was a private area and a minor incident, no one was given a ticket.

Now we are finding out our insurance excludes her in the "fine print" of our policy.  She is 17 and has her permit only.

So.. now what?  The other persons insurance is calling me telling me "you have no coverage and we will need to discuss your driving privileges and compensation".. excuse me?  

My understanding is that since it's private property they can't push for me to pay compensation.  I just need to be sure.. then I need to find a better insurance company- this one sucks.

Sarah

ANSWER: Hello,

Well. If you hit someone, you owe for their damages. It does not matter if it is in private property or public roads. Since you do not have coverage, you will have to settle fault with the other insurance company. Make sure you get a fair percentage attributed to you.

For more about insurance claims, please see: http://www.auto-insurance-claim-advice.com

Good Luck
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---------- FOLLOW-UP ----------

QUESTION: But if the police didn't cite anyone, I still have to compensate?  Also, what does it mean to "get a fair percentage attributed to you?"

Also, the other company is now trying to say I didn't have any coverage, which I know isn't true and claiming that this has been reported to the state and they have revoked my license.  How do I found out the truth?

Answer
Yes, you still have to compensate. A citation is a fine. It does not have anything to do with whether or not you are at fault or if you have to pay for damages. Please see: http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html -

For example, you can be cited for not wearing a seat belt, not having a current license, not having insurance, not having proper tabs, etc... None of this citations would indicate that you caused (or not) the accident. They are unrelated issues. Google "causation" or "legal" causation and you will see why.

Contact the DMV and ask to see the status of your license. Usually, they need a police report or evidence that you did not have a license when the accident happened. If you did, you can show that and the license can be reinstated. Again, usually they need to see documentation and would not revoke unless there is evidence (a police report stating you non insured status).

Get a far percentage attributed to you means just that. Make sure that if you are at fault, it is for a proper percentage (10%, 20%. 50%?). Please follow the link above and read on how fault is determined.

Good Luck