AboutDenise Expertise I am a licensed Property/Casualty agent in the state of Wisconsin, a Certified Insurance Counselor and a Certified Insurance Service Representive, with a 15+ year background in personal insurance underwriting. I am currently working in the Homeowners and Auto field, and was licensed in Life and Health insurance years ago. I can provide input if you will give me a "one paragraph what`s the story", however depending on the situation, do note that as policy forms and endorsements vary by the state, the information may be general and educational in nature.
Expert: Denise Date: 6/26/2008 Subject: Can he claim?
Question Yes, okay so im 16 and I've had my licenses for awhile and im driving home with a friend behind me he races in front of me and STOPS! and i rear ended him not causing allot of damage, which ive fixed already on my car. Today i get a letter his insurance is trying to claim on me. WAIT! he had a permit and was not on the insurance and was driving alone! So even the policeman told me he couldn't claim on me?
I've reported he tried to claim to my insurance but she didn't accualy tell me if he could claim. His Sister (owner of the car) is fully covered but does that mean they can claim since the driver was not legal at all?
thanks for the help. your the best
Answer Hi Alex-
Technically, rear end collisions are considered to be the fault of the person doing the rearending. If there were witnesses who will attest to the fact that he raced ahead and stopped unsafely (ie, not at a stopsign, just in the middle of the road), and that he caused the accident, you should be able to get out of it. If there was a police report stating he was at fault for driving unsafely, you should be able to get out of it. The fact that he had a permit doesn't really come into it, since he had his sisters permission. A witness to what happened or the police report showing you were not at fault is your best bet to getting this straightened out. Hope this helps. :) Denise