Summary of earlier post: out-of-control vehicle rams into our block
fence, causing approx. $1000 in damage. Driver flees, leaving ID in
vehicle. According to police report, owner of ID was a 'permissive
driver', but owner of vehicle (who was out of town at the time and had
left use of vehicle to daughter) claims car was reported stolen.
Update: We have since received a copy of the 2nd police report, and the
vehicle was indeed reported stolen - more than *2 months* after the
accident, and shortly after (but I don't have the date handy) I called the
owners' insurance co and was told that they weren't liable because the
vehicle had been stolen. According to the 2nd report, the daughter had
attempted to report the car stolen on the day of the accident, but was
told she couldn't file a report because she didn't own the vehicle.
Report states that the supposed driver took the keys without permission.
I've spoken to our homeowner's carrier, and they don't sound too
interested in subrogating. Not sure if this is because they feel likely
to lose the case, or because its not worth the effort to recover their
$750 outlay.
So it looks like we're gonna end up eating the deductible, or have to take
someone (the owner? daughter? driver / supposed thief?) to small claims
court. Probably not worth the effort, but the whole thing has really left
a bad taste in my mouth.
Thanks for all the suggestions and information on my rights in this
situation!
Karyl
kra...@primenet.com
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Karyl Raber **** I've gone to look for myself. ****
kra...@primenet.com **** If I should return before I get back, ****
Phoenix, Arizona **** Please keep me here! ****
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You're right. the whole thing sounds fishy...
Personally speaking, I would (if the damage to the home/fence can sit
a short while), take all three parties to small claims court for the
full amount of your damages, and let the judge decide who is
responsible.
If you present this claim to your homeowners insurance co., it is
POSSIBLE (only possible) that they can place your policy into a higher
rating tier upon next renewal, or not renew your policy. I know that
will anger you since this whole mess wasn't your fault at all, but
that's the unfortunate reality of P&C insurers these days.
The Dawg