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Well the news is not good. After speaking with his insurance carrier, they only had $10k of property damage, so I had to file a claim with my carrier State Farm. Not even sure he is going to be covered because of driving on a suspended license. FL has lots of good qualities, but the whole insurance issue (car and home owner) is a disaster. Why would anyone be allowed to issue a policy with $10k limit - a used Ford Tarus would likely still max out.

So it sounds like State Farm is going to take care of the repair without much question. My only course of action is to hire a attorney and go after esurance for the diminished value if I have any hope of recovering any money for the loss. Not a fan of trial lawyers but I guess they can serve a purpose besides purchasing tv ads and billboards.

By the way, after a quick search, the driver is a registered sex offender and has a prior conviction for domestic violence.
I bumped up the uninsured driver coverage on my policy for this very reason. I think it's $10k minimum here too.
 

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Well the news is not good. After speaking with his insurance carrier, they only had $10k of property damage, so I had to file a claim with my carrier State Farm. Not even sure he is going to be covered because of driving on a suspended license. FL has lots of good qualities, but the whole insurance issue (car and home owner) is a disaster. Why would anyone be allowed to issue a policy with $10k limit - a used Ford Tarus would likely still max out.

So it sounds like State Farm is going to take care of the repair without much question. My only course of action is to hire a attorney and go after esurance for the diminished value if I have any hope of recovering any money for the loss. Not a fan of trial lawyers but I guess they can serve a purpose besides purchasing tv ads and billboards.

By the way, after a quick search, the driver is a registered sex offender and has a prior conviction for domestic violence.
I assume esurance will tender their entire 10k limits right away. If they do, you would no longer have any recourse to go after them, but could certainly go after their insured if he had any assets. I think it’s safe to assume he does not. As such you would be asking your carrier, State Farm, to pay the diminution claim. Check your policy to see exactly what they cover. You may have to fight them on the value of the claim but they are typically pretty easy to deal with. Unfortunately this is going to affect your rates in the future but there is nothing you can do about that. Good luck.
 

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Discussion Starter · #26 ·
Already addressed with State Farm and they were very quick that that isnt covered in their policies but would fall on the at fault insurance.

While I dont thing this guy will have any assets to speak of, but, the owner of the truck he was driving does. She owns a $480k house that the dude also listed as his address (and where he is registered at as a sex offender). I would guess she would have personal liability since he was driving her vehicle. No offence intended with the lawyer dig,
 

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Already addressed with State Farm and they were very quick that that isnt covered in their policies but would fall on the at fault insurance.

While I dont thing this guy will have any assets to speak of, but, the owner of the truck he was driving does. She owns a $480k house that the dude also listed as his address (and where he is registered at as a sex offender). I would guess she would have personal liability since he was driving her vehicle. No offence intended with the lawyer dig,
No offense taken. ;) That is good news that this was just the driver. The owner is legally liable for the car under the dangerous instrumentality doctrine (unless the car was stolen). Do you know if she has her own policy as that would at Play in this situation? (just as some more info, if the house is her primary house and is homestead it is exempt from collection. You are unable to collect against someone’s home in Florida if it is Homestead).
 

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Already addressed with State Farm and they were very quick that that isnt covered in their policies but would fall on the at fault insurance.

While I dont thing this guy will have any assets to speak of, but, the owner of the truck he was driving does. She owns a $480k house that the dude also listed as his address (and where he is registered at as a sex offender). I would guess she would have personal liability since he was driving her vehicle. No offence intended with the lawyer dig,
Living in this country sometimes seems like a fucked up decision. Terrible that you're having to go through this.
 

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Discussion Starter · #29 ·
The policy is also in her name not the driver. No, the car was not stolen. Police had contacted her to pick up the vehicle as they drove him home with his young son who was in the truck during the accident. Likely it is her primary address
 

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He’s a sex offender with a record. Did 6 months up at Chino for exposing himself to 8-year-olds. When he got out he had to go door-to-door….

//$10k is an absurdly low amount for liability. Your underinsured should definitely kick in.
 

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He’s a sex offender with a record. Did 6 months up at Chino for exposing himself to 8-year-olds. When he got out he had to go door-to-door….

//$10k is an absurdly low amount for liability. Your underinsured should definitely kick in.
Unfortunately, UM coverage is for BI and not PD.
 

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The policy is also in her name not the driver. No, the car was not stolen. Police had contacted her to pick up the vehicle as they drove him home with his young son who was in the truck during the accident. Likely it is her primary address
That sucks, and I am sorry. unfortunately that does not leave you many (or any) options. You probably don’t want to hear this but You could reject their 10k PD, file a lawsuit, go to verdict, and try to collect any excess Verdict against them personally. It will be hard to find anyone to take that case and it would be at least 2-3 year process. I’d have someone look at your policy just to make sure what they are telling you is correct. Again, sorry.
 

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it is hard to collect for diminished value. I had somebody hit my brand new escalade hybrid. it still had temp stickers. police determined the at fault person and his insurance paid for the repairs. no history of the accident in carfax.
 

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Unfortunately, UM coverage is for BI and not PD.
Most policies have UMPD coverage so yes, if an under/uninsured driver damages your car, your UMPD kicks in to pickup the slack up to your stated limit.


That won’t stop coverage.
Exactly. Insurance follows the car, not the driver. If she gave him permission to use the car, coverage is going to apply. They can claim his license was suspended and try to get out of paying but that ain't gonna happen.

it is hard to collect for diminished value.
This. Chasing Diminished Values claims is a wild goose chase 99% of the time.
 

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Most policies have UMPD coverage so yes, if an under/uninsured driver damages your car, your UMPD kicks in to pickup the slack up to your stated limit.




Exactly. Insurance follows the car, not the driver. If she gave him permission to use the car, coverage is going to apply. They can claim his license was suspended and try to get out of paying but that ain't gonna happen.



This. Chasing Diminished Values claims is a wild goose chase 99% of the time.
Florida does not provide or offer UMPD. In Florida you just can increase your collision coverage. Florida UM is for liability coverage only.
 

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For all the inadequacies of an internet forum compared with, say, Instagram, this particular forum has been an outstanding source of information about the minutiae of insurance policies. Such details are typically very difficult to tease out from either reading your policy or by asking questions, often because it's hard to know what questions you need to ask. Since following the various threads on the subject, I've upped my coverage and also added an umbrella policy. I'd never previously even heard of umbrella policies, having come from a far less litigious country. It's also become very clear to me now just why the US is so litigious, since there so is so little regulation around the minimum amount of coverage you can legally carry.

Anyway, I'd like to say thanks to all those in this thread and others who have taken the time to share their knowledge and expertise.
 
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