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Which Insurance Co is responsible?

Discussion in 'Life Insurance, Annuities & Other' started by flgurl, Jul 10, 2008.

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  1. flgurl

    flgurl Law Topic Starter New Member

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    We purchased a motorcycle in Alabama but the sale was not complete until after 7 pm so it was too late to put insurance on the motorcycle for that day. The sales associate said it would be all right to take the motorcycle home. We got the bike home and about 1130 pm one of my son's friends, Josh age 18, living with his parents, took the bike for a ride and totaled the bike. So whose Insurance should the accident be filed with? I assume Josh's insurance which is State Farm but the adjustor said he would not pay the claim.
    My insurance is also State Farm and they are not going to pay the claim.
    The retail outlet's insurance is unknown and the sales clerk says I am liable for the bike.
    In the meantime, the bike remains totaled, parked in my yard, and the loan is unpaid. The lender (HSBC) is already adding late fees and threatening to sue me for payment. The accident happened 6 June 08 in Alabama.
    I have already resigned myself to the debt and will honor my creditor with payment but I feel there should be a remedy other than that.
    Can you help?
     
  2. lwpat

    lwpat Moderator

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    Sue Josh fo rthe damages and let him worry about whether State Farm will pay or not. The only problem is he is 18 and even if you get a judgment he probably has no assets. In my experience the first thing you are going to hear from State Farm is "we are not going to pay."

    Have someone besides State Farm look at your policy to see if there would be coverage.
     
  3. flgurl

    flgurl Law Topic Starter New Member

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    thank you

    Thank you for the advice. We are going to take care of that tomorrow. Have a great day!
     
  4. lwpat

    lwpat Moderator

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    There could also be liability on the part of the dealership. Ask the attorney.
     

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