Christopher Tidball, Author

THE ADJUSTER
Christopher Tidball
Articles Tagged with

car wreck

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PIP

Can my wife get sued if I am driving her car?

Dear Adjuster,

My wife was telling me that I shouldn’t drive her car anymore. We don’t have any tickets or accidents but she said that if I am driving and have an accident we both could get sued. That doesn’t make any sense?

Jacksonville, Florida

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Dear Jacksonville,

Your wife is right In Florida, and some other jurisdictions, vicarious liability can apply to automobiles. If you are driving your wife’s car and cause an accident, you could be sued as the negligent driver and your wife could be sued as the owner. In my own situation, my car is solely in my name and my wife’s car is solely in her name. As for our children, as soon as they turned 18, their cars were placed solely in their name. If you have legal questions about this, you may want to consult with an attorney who can best share how to protect your assets.

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Parked Car

Should I file a claim?

Dear Adjuster,

My daughter had a hit and run accident while her car was parked. The damage wasn’t excessive. Should I submit it to my insurance company or just pay to have it repaired? I don’t want my insurance rates to go up.

Shelly M.

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Dear Shelly,

What a great question and one of the most commonly asked.   What you are describing is a not at fault accident, which should not impact your rates.   However, you may have a deductible to consider.  You should contact your agent, who will know your carrier better than anyone, and discuss the situation with them.

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