I should have kept everything compartmentalized
June 30, 2010 9:18 AM Subscribe
My boyfriend (S) insured my aunts (K) car. He was listed as the owner, and she was listed as the driver and the car was assigned to her address. I only now understand what a phenomally stupid thing this is to do. At the time (about a year ago) they were both on good terms and I told both of them that they should deal with each other and that I shouldn’t need to be involved in any way. I think this was a gesture on my bf’s part to be accepted or liked.
Things ended up getting shakey once my bf realized that my aunt wasn’t paying the bills on time. He wanted to have minimal involvement and the late notices were making him anxious. Then in December K got into an accident. She immediately called to let me know. I called S and he was understandably not happy. We are in NY which is a no fault state. I didn’t really talk to my aunt about any of the details and just assumed that it was a minor thing. A few months later I learn that my aunt, her boyfriend, daughter and granddaughter are all in therapy. It didn’t immediately click until she told me that her and her daughter would be having surgery. So of course this is all in relation to the accident, and there are several claims on my BF’s insurance for all of the injuries and damages.
When I mentioned it to him he flipped out. Accused me of hiding information. Said that my aunt was fucking him over and suing him. That he would not be able to get insurance, it would be crazy expensive if he could. (He drives for a living but is only driving company trucks. His last ride was a motorcycle, which was stolen. He filed a claim and it was all resolved.) I tried to calm him down, told him that it was not like that, and that she wasn’t trying to do that at all. Initially I believed that she just wanted to get her damaged car fixed. Once I realized that there was a whole bunch of therapy going on and surgeries… I don’t know.
Well the aunt and the bf had a few heated discussions where my aunt swore up and down that he would not be affected at all since she was listed as a driver. My bf was not buying it. This has affected our already very rocky situation. If I agreed with anything K said then it meant that I was against S. I am very non-confrontational and ended up having numerous arguments with S as well as some almost arguments with K.
On top of all this, my bf has received a summons that is signed by my aunt’s boyfriend and daughter that basically says they are filing a civil suit against the driver (my aunt) the owner of the car (my bf) plus the other guy who was in the accident and the company he works for. The suit is to cover whatever won’t be covered by the insurance company. All this time I have been so worried and angry at my bf for his attitude about my family and not wanting him to be disrespectful in any way. But they are not showing any type of consideration here and I don’t know how to deal with it.
Down to the questions. My bf is poor, and has many debts. Based on his income he would not be considered “poverty level”. I’ve read the metafilter wiki on getting a lawyer and he has already contacted a bunch of them. So far they are not able to help him and seemed to all be focused on special groups or issues. What kind of help is available for this kind of civil case? Can he really be sued even though he was not actually involved in the car accident? Is his insurance fucked? How do I deal with the interpersonal aspects? I do not imagine that I would do something like this to my family or any of their significant others? My family tends to not deal with shit. It just gets buried, people look the other way. I am not confrontational, very live and let live. None of this feels right though. Thank you for reading this. It's been making me sick and I feel responsible since it's my family.
Things ended up getting shakey once my bf realized that my aunt wasn’t paying the bills on time. He wanted to have minimal involvement and the late notices were making him anxious. Then in December K got into an accident. She immediately called to let me know. I called S and he was understandably not happy. We are in NY which is a no fault state. I didn’t really talk to my aunt about any of the details and just assumed that it was a minor thing. A few months later I learn that my aunt, her boyfriend, daughter and granddaughter are all in therapy. It didn’t immediately click until she told me that her and her daughter would be having surgery. So of course this is all in relation to the accident, and there are several claims on my BF’s insurance for all of the injuries and damages.
When I mentioned it to him he flipped out. Accused me of hiding information. Said that my aunt was fucking him over and suing him. That he would not be able to get insurance, it would be crazy expensive if he could. (He drives for a living but is only driving company trucks. His last ride was a motorcycle, which was stolen. He filed a claim and it was all resolved.) I tried to calm him down, told him that it was not like that, and that she wasn’t trying to do that at all. Initially I believed that she just wanted to get her damaged car fixed. Once I realized that there was a whole bunch of therapy going on and surgeries… I don’t know.
Well the aunt and the bf had a few heated discussions where my aunt swore up and down that he would not be affected at all since she was listed as a driver. My bf was not buying it. This has affected our already very rocky situation. If I agreed with anything K said then it meant that I was against S. I am very non-confrontational and ended up having numerous arguments with S as well as some almost arguments with K.
On top of all this, my bf has received a summons that is signed by my aunt’s boyfriend and daughter that basically says they are filing a civil suit against the driver (my aunt) the owner of the car (my bf) plus the other guy who was in the accident and the company he works for. The suit is to cover whatever won’t be covered by the insurance company. All this time I have been so worried and angry at my bf for his attitude about my family and not wanting him to be disrespectful in any way. But they are not showing any type of consideration here and I don’t know how to deal with it.
Down to the questions. My bf is poor, and has many debts. Based on his income he would not be considered “poverty level”. I’ve read the metafilter wiki on getting a lawyer and he has already contacted a bunch of them. So far they are not able to help him and seemed to all be focused on special groups or issues. What kind of help is available for this kind of civil case? Can he really be sued even though he was not actually involved in the car accident? Is his insurance fucked? How do I deal with the interpersonal aspects? I do not imagine that I would do something like this to my family or any of their significant others? My family tends to not deal with shit. It just gets buried, people look the other way. I am not confrontational, very live and let live. None of this feels right though. Thank you for reading this. It's been making me sick and I feel responsible since it's my family.
This post was deleted for the following reason: poster's request -- jessamyn
oops, I know you're in new york, but I suspect the same is true there...
posted by HuronBob at 9:22 AM on June 30, 2010
posted by HuronBob at 9:22 AM on June 30, 2010
Huh? Has your boyfriend called the insurance company to figure out what the hell is actually going on? On a cursory reading I kind wonder if your aunt's family isn't trying to pull some kind of insurance fraud, it all seems very weird (she is being sued by her own daughter and boyfriend?)
My understanding is that usually when you are sued in an accident the insurance company takes care of it. I was sued in an auto accident and my involvement consisted in signing a piece of paper; the insurance company handled everything else.
posted by phoenixy at 9:29 AM on June 30, 2010 [1 favorite]
My understanding is that usually when you are sued in an accident the insurance company takes care of it. I was sued in an auto accident and my involvement consisted in signing a piece of paper; the insurance company handled everything else.
posted by phoenixy at 9:29 AM on June 30, 2010 [1 favorite]
I'm confused about whether or not he IS the owner of the car, or if he's just LISTED as the owner but he isn't actually the owner. The answers for what he should do will be different depending on which of those is true.
posted by brainmouse at 9:31 AM on June 30, 2010
posted by brainmouse at 9:31 AM on June 30, 2010
This needs some clarification:
- Who exactly was in the accident?
- Is "the daughter" your aunt's daughter (your cousin) or her bf's daughter?
- Is your aunt's bf the one suing your aunt, presumably on behalf of the daughter for her medical expenses?
mokeydraws: a few heated discussions where my aunt swore up and down that he would not be affected at all since she was listed as a driver
Your aunt should not be considered a reliable source of this information. Have either of you spoken to the insurance company directly?
posted by mkultra at 9:34 AM on June 30, 2010
- Who exactly was in the accident?
- Is "the daughter" your aunt's daughter (your cousin) or her bf's daughter?
- Is your aunt's bf the one suing your aunt, presumably on behalf of the daughter for her medical expenses?
mokeydraws: a few heated discussions where my aunt swore up and down that he would not be affected at all since she was listed as a driver
Your aunt should not be considered a reliable source of this information. Have either of you spoken to the insurance company directly?
posted by mkultra at 9:34 AM on June 30, 2010
I have bad news for you. This is going to get worse before it gets better. You are eventually going to have to "pick sides". Either your AUnt or your BF will demand that. The story is not clear. You are getting information from all different sources. If it were me, I would get a lawyer, a copy of the accident report and I would then call the insurance company to ask them what they know. Your lawyer can and will do all this for you.
posted by JohnnyGunn at 9:43 AM on June 30, 2010 [2 favorites]
posted by JohnnyGunn at 9:43 AM on June 30, 2010 [2 favorites]
Response by poster: The car is my aunt's car. She signed it over to my bf so he would be on the title as the owner. After all of this crap my bf told my aunt that she needed to get off of his insurance. So he signed it back over to her. Now her name is on the title. I have only recently realized that this is not exactly... kosher. It seems to be very common.
The daughter is my aunt's daughter, my cousin. She is 22. Her baby, the granddaughter is around 2. So yes, my aunt is also being sued by her daughter and her own boyfriend since she is listed as the driver, while my bf was being listed as the owner.
The insurance company has verified that all of these claims are being filed.
posted by mokeydraws at 9:55 AM on June 30, 2010
The daughter is my aunt's daughter, my cousin. She is 22. Her baby, the granddaughter is around 2. So yes, my aunt is also being sued by her daughter and her own boyfriend since she is listed as the driver, while my bf was being listed as the owner.
The insurance company has verified that all of these claims are being filed.
posted by mokeydraws at 9:55 AM on June 30, 2010
Why did your aunt and boyfriend go through this rigmarole in the first place? Could she not get insurance on her own?
posted by scarykarrey at 9:59 AM on June 30, 2010
posted by scarykarrey at 9:59 AM on June 30, 2010
Your boyfriend and Aunt engaged in fraud. You are leaving it to conjecture why the Aunt could not obtain her own insurance. I guess she isn't properly licensed, has had other property damage-related issues that make her uninsurable or possibly DUI's that have not been handled. You legally can't get insurance "though" someone else by lying and saying the car belongs to him or is housed at his house, etcetera etcetera.
Here is what I recommend to boyfriend:
Call insurance company and tell them the truth about everything. They will likely deny the claims. The policy denies coverage based on a false application. Your Aunt should be on her own with this because the ramifications are too damning for boyfriend. HE SHOULD NOT HAVE THIS ON HIS RECORD and certainly you can agree with that. He was wrong to agree to insure a car that was not really his car. This is why people like your Aunt should not try to circumvent the law. You should be on boyfriend's side....because that is what is right. Even though the premiums have been paid, the car was insured in a fraudulent way. The car was insured based on your boyfriends good record, not your Aunt's bad record. Make this right. I can't believe anyone ever thought this was a good idea.
posted by naplesyellow at 10:02 AM on June 30, 2010 [8 favorites]
Here is what I recommend to boyfriend:
Call insurance company and tell them the truth about everything. They will likely deny the claims. The policy denies coverage based on a false application. Your Aunt should be on her own with this because the ramifications are too damning for boyfriend. HE SHOULD NOT HAVE THIS ON HIS RECORD and certainly you can agree with that. He was wrong to agree to insure a car that was not really his car. This is why people like your Aunt should not try to circumvent the law. You should be on boyfriend's side....because that is what is right. Even though the premiums have been paid, the car was insured in a fraudulent way. The car was insured based on your boyfriends good record, not your Aunt's bad record. Make this right. I can't believe anyone ever thought this was a good idea.
posted by naplesyellow at 10:02 AM on June 30, 2010 [8 favorites]
Another clarification - what was the logic behind putting your bf as the owner of the car?
If I were you, I would check to see if that title switch was done 100% correctly. No offense, but your family sounds like a bit of a mess, so there's a high probability that the paperwork was done incorrectly.
If this is the case, and the paperwork was indeed incorrect, then the title would revert back to your aunt (no matter what you reported to the insurance company). Then your bf would be in the clear.
posted by unexpected at 10:02 AM on June 30, 2010
If I were you, I would check to see if that title switch was done 100% correctly. No offense, but your family sounds like a bit of a mess, so there's a high probability that the paperwork was done incorrectly.
If this is the case, and the paperwork was indeed incorrect, then the title would revert back to your aunt (no matter what you reported to the insurance company). Then your bf would be in the clear.
posted by unexpected at 10:02 AM on June 30, 2010
This story is so confusing.
As 'unexpected' asks... the critical question is whose name was on the car title at the time of the accident. If the car is titled in the Aunt's name then your BF is safe from harm.
When you say that your bf insured the car what do you mean, exactly?
Did he just pay for the insurance?
posted by JayRwv at 10:16 AM on June 30, 2010
As 'unexpected' asks... the critical question is whose name was on the car title at the time of the accident. If the car is titled in the Aunt's name then your BF is safe from harm.
When you say that your bf insured the car what do you mean, exactly?
Did he just pay for the insurance?
posted by JayRwv at 10:16 AM on June 30, 2010
The thing is, kind of regardless of the situation, he probably needs a lawyer. And that might mean he has to pay more than he can happily afford for it. Because without a lawyer, especially if your Aunt and her boyfriend/daughter have one, they can pretty much screw him, and he'll end up owing a hell of a lot more than he would if he just paid a lawyer. He should do everything he possibly can to find a lawyer who will charge him something he's comfortable with. He may be able to get free consultations, just to see where he stands. But a lawyer is basically the only option he has, especially if he really shouldn't be liable for anything (I don't know if this is true, but he's not going to be able to prove it without a lawyer).
posted by brainmouse at 10:39 AM on June 30, 2010
posted by brainmouse at 10:39 AM on June 30, 2010
I don't know what you should do, but I definitely don't think you should call up the insurance company and admit to fraud. I could see that taking this already very bad situation to way worse.
Personally, I'm on your boyfriend's side. Your aunt sounds like a total scammer, as do her boyfriend and daughter.
Can you afford to help with lawyer's fees? I think you're also partly to blame here as you didn't warn your boyfriend not to get tangled up with your crazy aunt.
posted by hazyjane at 10:41 AM on June 30, 2010
Personally, I'm on your boyfriend's side. Your aunt sounds like a total scammer, as do her boyfriend and daughter.
Can you afford to help with lawyer's fees? I think you're also partly to blame here as you didn't warn your boyfriend not to get tangled up with your crazy aunt.
posted by hazyjane at 10:41 AM on June 30, 2010
Congratulations! Boyfriend, this is why you don't commit fraud to alleviate an inconvenience. (I am assuming the aunt's insurance would've been through the roof, or something to that effect?) It goes well until it goes completely off the rails fucked.
Your boyfriend needs an attorney in a very, very bad way. Any advice given here is speculative due to the absolutely bizarre nature of this story (to which I'm not sure many understand) and if he tries to work this out on his own, he could end up completely uninsurable (they don't look too kindly on people who try to defraud them) and possibly criminally liable for the fraudulent insurance.
Lawyer. Up. Now. If the cheap/free angle isn't working, he's going to have to pay for it.
posted by Hiker at 10:43 AM on June 30, 2010 [6 favorites]
Your boyfriend needs an attorney in a very, very bad way. Any advice given here is speculative due to the absolutely bizarre nature of this story (to which I'm not sure many understand) and if he tries to work this out on his own, he could end up completely uninsurable (they don't look too kindly on people who try to defraud them) and possibly criminally liable for the fraudulent insurance.
Lawyer. Up. Now. If the cheap/free angle isn't working, he's going to have to pay for it.
posted by Hiker at 10:43 AM on June 30, 2010 [6 favorites]
Oh, and in case it isn't clear: do not take the advice to owning up to fraud to the insurance company. A lawyer should handle all of this because there are so many ways to get screwed badly here.
posted by Hiker at 10:45 AM on June 30, 2010 [7 favorites]
posted by Hiker at 10:45 AM on June 30, 2010 [7 favorites]
That your BF conspired to fraudulently obtain insurance for your aunt isn't going to help. I wouldn't call and spill my heart to the insurance company; they are going to be an adversarial party to this litigation, and things he tells them will be used to minimize their liability and possibly by aunt to establish that he is liable. They will not be useful for him.
posted by a robot made out of meat at 10:45 AM on June 30, 2010
posted by a robot made out of meat at 10:45 AM on June 30, 2010
This story is super confusing. Your boyfriend needs to talk to his insurance agent to simply find out what happens next with all these claims against him. I can't quite figure out who was listed as the owner versus who was the actual owner at the time of the accident. Moreover, I can't figure out why your bf's insurance didn't start contacting him right away when all these claims started piling up. Putting aside the seemingly wrongness of what your boyfriend and aunt did in this "owner-not-owner!" insurance registration thing...
This accident seems like absolute bullshit. Your boyfriend is being taken for a hard bumpy ride. You know your aunt and her family... we don't... is this typical to their character?
The first course of action is getting in touch with the insurance agency and finding out what happens next and what happens in the future. You should be able to ask questions like "And if all of these claims are processed, what happens to my insurance/future costs/etc?"
posted by jerseygirl at 10:51 AM on June 30, 2010
This accident seems like absolute bullshit. Your boyfriend is being taken for a hard bumpy ride. You know your aunt and her family... we don't... is this typical to their character?
The first course of action is getting in touch with the insurance agency and finding out what happens next and what happens in the future. You should be able to ask questions like "And if all of these claims are processed, what happens to my insurance/future costs/etc?"
posted by jerseygirl at 10:51 AM on June 30, 2010
Before your bf talks to anyone else, he needs to talk to a lawyer. I know that has already been said, but that really is what he needs to do. And he shouldn't talk to the aunt or anyone in the accident until he does. He should not call the insurance company, He needs to talk to a lawyer. Getting a lawyer sucks. It's hard to imagine that you might need one. But in this case you do.
posted by phelixshu at 10:58 AM on June 30, 2010
posted by phelixshu at 10:58 AM on June 30, 2010
Response by poster: I apologize for how confusing this is. It's confusing to me as well. I don't drive and don't know anything about insurance.
The insurance policy is in my boyfriends name. At the time of the accident, my bf's name was on the title.
My aunt is a licensed driver but has never had insurance in her own name because it would always be very expensive and this was a way to get around it. She was listed on the insurance as a driver.
I in no way, shape, or form considered that my aunt or cousin would do something like this. This situation has made me take a hard look at my relationships.
posted by mokeydraws at 11:42 AM on June 30, 2010
The insurance policy is in my boyfriends name. At the time of the accident, my bf's name was on the title.
My aunt is a licensed driver but has never had insurance in her own name because it would always be very expensive and this was a way to get around it. She was listed on the insurance as a driver.
I in no way, shape, or form considered that my aunt or cousin would do something like this. This situation has made me take a hard look at my relationships.
posted by mokeydraws at 11:42 AM on June 30, 2010
Mokeydraws when people get injuried they do what they have to pay for medical care. Its not totally uncommon for all the members of a family to sue each other after a serious past. Just ask a personal injury lawyer - there are thousands and thousands of ugly stories. At guess? Your bf is in for a hard road. If your relationship is on the rocks, it will be hard for it to survive this.
posted by zia at 11:44 AM on June 30, 2010
posted by zia at 11:44 AM on June 30, 2010
So far they are not able to help him and seemed to all be focused on special groups or issues. What kind of help is available for this kind of civil case? Can he really be sued even though he was not actually involved in the car accident?
Get a lawyer ASAP. Like, yesterday. DO NOT, DO NOT, DO NOT do anything else until you get a lawyer.
IANYL, This is NOT legal advice: I believe that in NY the owner of a car is typically vicariously liable for anything that happens to the car, to the driver of the car, to the passengers in the car, and to others injured by the car if another person is driving his car with his permission. And that doesn't even get into the fraud issue.
Your #1 priority right now is FINDING A LAWYER in your jurisdiction. Keep calling until you get one who will help you.
posted by sallybrown at 11:50 AM on June 30, 2010 [1 favorite]
Get a lawyer ASAP. Like, yesterday. DO NOT, DO NOT, DO NOT do anything else until you get a lawyer.
IANYL, This is NOT legal advice: I believe that in NY the owner of a car is typically vicariously liable for anything that happens to the car, to the driver of the car, to the passengers in the car, and to others injured by the car if another person is driving his car with his permission. And that doesn't even get into the fraud issue.
Your #1 priority right now is FINDING A LAWYER in your jurisdiction. Keep calling until you get one who will help you.
posted by sallybrown at 11:50 AM on June 30, 2010 [1 favorite]
is "something like this" get in a car accident or sue? Because people get in car accidents all the time, even trustworthy people. Your boyfriend didn't seem to spend any time to see what would be the repercussions for him of getting in a car accident, which was a very likely occurrence -- in fact, he appeared to immediately know the repercussions of a car accident. Why did he completely discount the possibility of this happening.
As for the suing -- of course they're suing. If he is legally liable for some of the damages, he is legally liable. Are you even sure that your aunt is actually the one suing, and not your aunt's insurance company on behalf of your aunt? Because the insurance companies will always do whatever they can do limit their own liability. People will, too.
He absolutely needs a lawyer. And to look at his decision-making skills.
posted by brainmouse at 11:52 AM on June 30, 2010
As for the suing -- of course they're suing. If he is legally liable for some of the damages, he is legally liable. Are you even sure that your aunt is actually the one suing, and not your aunt's insurance company on behalf of your aunt? Because the insurance companies will always do whatever they can do limit their own liability. People will, too.
He absolutely needs a lawyer. And to look at his decision-making skills.
posted by brainmouse at 11:52 AM on June 30, 2010
Are you able to offer support to your boyfriend financially if he gets a lawyer?
I think your allegiance should be to him.
posted by Omnomnom at 11:57 AM on June 30, 2010
I think your allegiance should be to him.
posted by Omnomnom at 11:57 AM on June 30, 2010
The therapists and the multiple doctors is an ambulance chaser doing their thing.
He needs a lawyer. The fact that he didn't know that he was committing fraud doesn't mean that he's not responsible. Your aunt definitely knew what she was doing, or someone else in the family did, and they played your boyfriend big time.
posted by micawber at 12:15 PM on June 30, 2010
He needs a lawyer. The fact that he didn't know that he was committing fraud doesn't mean that he's not responsible. Your aunt definitely knew what she was doing, or someone else in the family did, and they played your boyfriend big time.
posted by micawber at 12:15 PM on June 30, 2010
This is potentially a very serious situation. It obviously has financial implications, potential legal implications and even criminal implications. Your boyfriend absolutely needs to consult with a lawyer. He should, under no circumstances, discuss this with the insurance company, you, your aunt or anyone else until he consults with that lawyer. Please, please please make sure he gets a lawyer, as this has disaster written all over it.
This is not legal advice, I don't practice in New York and I would probably pay him money to NOT represent him on this trainwreck of a case.
posted by Happydaz at 12:18 PM on June 30, 2010
This is not legal advice, I don't practice in New York and I would probably pay him money to NOT represent him on this trainwreck of a case.
posted by Happydaz at 12:18 PM on June 30, 2010
How much is the boyfriend likely to spend on legal representation in this case? $500? $2000? $10,000?
posted by GregorWill at 12:52 PM on June 30, 2010
posted by GregorWill at 12:52 PM on June 30, 2010
My aunt is a licensed driver but has never had insurance in her own name because it would always be very expensive and this was a way to get around it
I hope you learn the big takeaway here which is that it is virtually always a bad idea to provide loopholes for other people to "get around" things like this. With few exceptions, the type of person who needs or wants to get around reasonably requirements with tricks is exactly opposite of the type of person whom you can rely on not to screw you over for providing the loophole.
"If you pick up a starving dog and make him prosperous, he will not bite you. This is the principle difference between a dog and a man."
Nothing is going to help your boyfriend here except a competent attorney. And that's most likely just a matter of attempting to mitigate the damage. This was a fustercluck waiting to happen and, as usual with these things, the fuster indeed clucked.
Normally I'd say that the only thing you can or need to do here is provide moral and emotional support. But the fact that this was your family taking advantage of your boyfriend makes this an even bigger problem. You sort of imply that you told your boyfriend you didn't want to get involved with this; Did you pressure him at all, even a little, either with positive or negative reinforcement? If so, you're kind of responsible here as well. If not, well, then he made his bed and will have to lie in it.
posted by Justinian at 1:54 PM on June 30, 2010
I hope you learn the big takeaway here which is that it is virtually always a bad idea to provide loopholes for other people to "get around" things like this. With few exceptions, the type of person who needs or wants to get around reasonably requirements with tricks is exactly opposite of the type of person whom you can rely on not to screw you over for providing the loophole.
"If you pick up a starving dog and make him prosperous, he will not bite you. This is the principle difference between a dog and a man."
Nothing is going to help your boyfriend here except a competent attorney. And that's most likely just a matter of attempting to mitigate the damage. This was a fustercluck waiting to happen and, as usual with these things, the fuster indeed clucked.
Normally I'd say that the only thing you can or need to do here is provide moral and emotional support. But the fact that this was your family taking advantage of your boyfriend makes this an even bigger problem. You sort of imply that you told your boyfriend you didn't want to get involved with this; Did you pressure him at all, even a little, either with positive or negative reinforcement? If so, you're kind of responsible here as well. If not, well, then he made his bed and will have to lie in it.
posted by Justinian at 1:54 PM on June 30, 2010
Forward the summons to your insurance company immediately. This is why you have insurance.
I am not a lawyer. I can't give you legal advice. Yes, you can be sued in New York State when you are just the owner of a car in an accident. This stuff happens all the time. Yes you need a lawyer, but you do not have to pay for one. Your insurance company should be providing you with legal defense, this is what they are for.
More information here, regarding the minimum coverage you must have in new york: http://www.ins.state.ny.us/auto/2007/auto0702.htm
This liability coverage protects you (and anyone driving your car with your permission), if a claim is made against you by another person (“third-party”), alleging that you were negligent or otherwise at fault. Thus this coverage will make payments on your behalf to that injured third-party, in the event your car is involved in an accident that results in serious injury or death to others or damage to their property.
In addition, your insurance company must provide you with a legal defense against such claims, without reducing your policy's liability limits.
The people who are suing your boyfriend are trying to get money from his insurance company, not from him.
posted by inertia at 2:45 PM on June 30, 2010
I am not a lawyer. I can't give you legal advice. Yes, you can be sued in New York State when you are just the owner of a car in an accident. This stuff happens all the time. Yes you need a lawyer, but you do not have to pay for one. Your insurance company should be providing you with legal defense, this is what they are for.
More information here, regarding the minimum coverage you must have in new york: http://www.ins.state.ny.us/auto/2007/auto0702.htm
This liability coverage protects you (and anyone driving your car with your permission), if a claim is made against you by another person (“third-party”), alleging that you were negligent or otherwise at fault. Thus this coverage will make payments on your behalf to that injured third-party, in the event your car is involved in an accident that results in serious injury or death to others or damage to their property.
In addition, your insurance company must provide you with a legal defense against such claims, without reducing your policy's liability limits.
The people who are suing your boyfriend are trying to get money from his insurance company, not from him.
posted by inertia at 2:45 PM on June 30, 2010
He should consult his own attorney because of the issue of insurance fraud.
posted by zia at 2:54 PM on June 30, 2010
posted by zia at 2:54 PM on June 30, 2010
Sorry, "getting around" insurance being priced correctly is FRAUD, not something nice you do for a relative. You keep acting like it was a nice harmless favor. You all conspired misrepresented and deceived multiple times to commit more than one crime. If anybody gets a major dollar payout this could get to serious felony territory. Jailtime territory.
People were asking how he was put on and off the title, if it was done incorrectly it may never have been in his name. You need a lawyer to look at the title history and see if he can get out from under this. Just saying it is so wasn't the answer they were looking for.
Ask mefi is not where you go and write a confusing question and then we give you some magic pill to get you off the hook for your screwed up schemes. You are all well and truly screwed here unless you lawyer up and shut up. You haven't once acknowledged the advice to get an attorney, this tells me you already know this but want an easy way out. there isn't one. Face the music and lawyer up before you all dig your hole deeper.
posted by Antidisestablishmentarianist at 3:49 PM on June 30, 2010
People were asking how he was put on and off the title, if it was done incorrectly it may never have been in his name. You need a lawyer to look at the title history and see if he can get out from under this. Just saying it is so wasn't the answer they were looking for.
Ask mefi is not where you go and write a confusing question and then we give you some magic pill to get you off the hook for your screwed up schemes. You are all well and truly screwed here unless you lawyer up and shut up. You haven't once acknowledged the advice to get an attorney, this tells me you already know this but want an easy way out. there isn't one. Face the music and lawyer up before you all dig your hole deeper.
posted by Antidisestablishmentarianist at 3:49 PM on June 30, 2010
Oh, I don't know the truth, not accusing anyone of anything, just presenting my opinion based upon what you have told us.
posted by Antidisestablishmentarianist at 3:50 PM on June 30, 2010
posted by Antidisestablishmentarianist at 3:50 PM on June 30, 2010
Best answer: Ms. Vegetable works for an insurance company.
Actions:
1. Get a lawyer NOW. I wholeheartedly agree with this sentiment expressed by previous posters. This needs to be A NON-INSURANCE COMPANY LAWYER.
2. Keep personal written copies of everything. The title, the insurance, the summons.
3. Have your lawyer contact the insurance company and only deal with them through your lawyer. You should not contact the insurance company directly.
4. Because NY is a no fault state, I believe the insurance should have paid out for the injuries already unless the maximum was already hit. In that case, yes, your boyfriend can be liable for the remaining costs. With four injured parties, this is likely not to be cheap, especially if they already have an ambulance chaser lawyer.
5. Be prepared to pay for your lawyer out of pocket. I repeat, get a lawyer NOW.
Other:
- While I'm shaky on the whole criminal fraud/not fraud idea, this was definitely an unethical move on everybody's part.
- The fact that your aunt was listed on your boyfriend's policy complicates things as far as excess liability goes.
- Your boyfriend may be screwed for insurance for a while - probably 3-5 years. The solution to that is for him not to get a personal vehicle, but only drive company cars, and to have an impeccably clean driving record.
- I say get into therapy for the remaining interpersonal issues.
posted by a robot made out of meat at 5:27 PM on June 30, 2010
Actions:
1. Get a lawyer NOW. I wholeheartedly agree with this sentiment expressed by previous posters. This needs to be A NON-INSURANCE COMPANY LAWYER.
2. Keep personal written copies of everything. The title, the insurance, the summons.
3. Have your lawyer contact the insurance company and only deal with them through your lawyer. You should not contact the insurance company directly.
4. Because NY is a no fault state, I believe the insurance should have paid out for the injuries already unless the maximum was already hit. In that case, yes, your boyfriend can be liable for the remaining costs. With four injured parties, this is likely not to be cheap, especially if they already have an ambulance chaser lawyer.
5. Be prepared to pay for your lawyer out of pocket. I repeat, get a lawyer NOW.
Other:
- While I'm shaky on the whole criminal fraud/not fraud idea, this was definitely an unethical move on everybody's part.
- The fact that your aunt was listed on your boyfriend's policy complicates things as far as excess liability goes.
- Your boyfriend may be screwed for insurance for a while - probably 3-5 years. The solution to that is for him not to get a personal vehicle, but only drive company cars, and to have an impeccably clean driving record.
- I say get into therapy for the remaining interpersonal issues.
posted by a robot made out of meat at 5:27 PM on June 30, 2010
This thread is closed to new comments.
posted by HuronBob at 9:21 AM on June 30, 2010