Accident with Neighbors Garage

    Posted by MAIA on May 6, 2019 12:01:00 AM

    QUESTION

    This question was answered based upon current rules, regulations & statutes in effect on April 18, 2019

    My insured had a car parked in his driveway unregistered/uninsured and was having a company come tow it away for cash.  The driveway was long, and the tow truck needed the car pulled down closer to the street to get it, my insured was moving the vehicle, but the gas peddle stuck causing him to reverse into his neighbors two vehicles across the street totaling one of them.  There was no coverage for them on his policy obviously, but he is worried that the insurance company (both have Safeco) will sue him personally for the monies paid out to repair the vehicles one being a total loss.  Is that possible I don’t think I have ever heard of it but just wanted to double check.  I know his neighbor can sue him in small claims. No injuries as no one was in the cars just property damage.

     Any insight would be greatly appreciated!

    ANSWER

    Irene Morrill:  We talked about this in a class the other day.  That when we know the insured has transferred plates to another vehicle as a "replacement" yet keeps the vehicle ...unregistered and more importantly UNINSURED in his yard ...the HO policy policy does not provide coverage and the MAP doesn't if take off the policy.  Can Safeco subrogate against the at fault person? yes ...will they - I don't know

    This document is not a legal opinion and should not be relied upon as such. The intent of this document is to provide a general background regarding the topic or topics discussed, not to provide legal advice. Producers and agencies should consult an attorney regarding specific situations and specific questions with respect to the topic or topics covered in this document. Neither the Massachusetts Association of Insurance Agents, Number One Insurance Agency nor any of its employees shall be responsible for any errors or omissions regarding any statements made in this document, nor any errors or omissions regarding any statutes, regulations, court rules, and/or any other government documents cited in this document.

    Topics: 2018

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