San Diego Housing Market News and Analysis

The other driver was insured by Wawanesa, but it was not him driving the car, it was his partner. So, Wawanesa is claiming that their driver breached his contract, so she has to pay her $500 deductible and wants to give her $800 to fix the car and salvage the title.

Weak argument by Wawanesa. If there is one driver for two cars.. you still have to pay for two cars even though only one will be in operation at a time.

I got the same claim from Wawanesa when some impatient idiot tried to squeeze by me as I was backing into a parking spot. The idiot was insured by Wawanesa. Fortunately for me, I was driving my 4x4 truck with heavy steel bumpers. I did not have any damage but the other guy had a deep crease down the side of their vehicle.

The $500 deductible is a real hardship for her, and chances of her finding a car for $1300 in such good shape is unlikely. Wawanesa keeps putting pressure on her to sign off on some papers.

Don't sign, first start looking for an attorney. Before you sign with an attorney, warn Wawanesa that this will likely go to attornys if not settled properly and that you know they primarily insure the car (see the quote I mentioned above.. you might want to even ask them about how they charge if the same driver drives two different cars). Because she is elderly, she may be able to get pro-bono. Some attorneys take cases on contingent (pay a % if awarded money). If using one of those, you need to keep a log of everything to show that you tried to settle before going to attorneys and got stonewalled. Then go for attorney costs as well as recovery of damages.

It also sounds like her own insurance company may be stonewalling as well. She needs to have documentation of the condition of the car.

Unless the car was stolen they(Wawanesa) are responsible. Years ago Allstate tried to pull that crap on me and failed when my car was hit and run in front of my house. The reality of the matter is bottom line it is the car that is insured not the driver. The girlfriend of the policyholder's son was driving and Allstate tried to get out of paying because I couldn't prove who was driving.

Just before Christmas my daughter's boyfriend's car was hit in front of my house. Liberty Mutual dealt with him quite fairly I thought. It was 1991 corrolla in fair condition with over 200,000 and they settled for $1297 total after deducting the salvage value ($181) and giving him credit for recent repairs ($200)

If she has made recent repairs like brakes, tires, or a new battery within the last 6 months she should get partial credit for them. Also she should get some money for each day she has lost use of her car, from the time it was wrecked till they settle she should be compensated for this.

I realize this a a big loss for your friend but I think this is too small a loss to bother with an attorney.

Unfortunately, no matter what, even if you are dealt with fairly you are never going to be made totally whole when your car is wrecked. It's just the way it is.

Try San Diego Injury Law Center Talk to David Achord.

Looks like Wawanesa is getting a few thousand dollars in "great" publicity here.

This sounds more like a dispute between and all risk vs named peril policy. Wawanesa may have a named driver policy in which only the insured and their spouse are eligible drivers of the car.
When this is the case you need to then go after the insurance carrier for whoever was actually driving the car and have them subrogate out the mess. You have option with respect to the 500 deductible. Pay the deductible and then wait to be reimbursed when everything settles out or simply create a paper trail take notes and get in contact with all parties.
The University of San Diego offers a free legal clinic. You may want to see if they cover this area of the law
http://www.sandiego.edu/law/free_legal_a...

I worked for Wawanese years ago (late 1979/80 time frame). Wawanesa used to require their insureds to sign "exclusions" if there was a less desirable driver in the household. This was used in roommate situations or one example I remember - a household with a 16 year old unlicensed driver, who'd already gotten in an accident. The parents had to sign a form specifically saying that if the kid were driving, it wouldn't be covered.

Not sure how well these forms would/did hold up in court.

I suspect they're still using these exclusions.

It consists of complex law rules which a common man can't understand. Better you consult to your lawyer.

You should choose the best attorney in your region. The lawyer must be well knowledgeable with good experience and from reputed firm.

Post on an old thread.. humm smells feeeshhy. SPAM is not welcome. Ron Paul will come to your home to beat some sense into you if you post SPAM.

Sam Spital?

Attonery?

Why an attonery? Under 5K... Small claims the uninusred driver.

Doubt you will collect but for the small some of money we are talking here an Attonery seems hardly worth it.

CE

Must be an Attonery, even for small claims on the uninusred driver.. since the Attonery is from a reputed firm and is well knowledgeable. It is thos darn complex law rules things.

whats a reputed firm.

reputacious? reputalicious? ill-repute?

bad reputation, don't give a damn 'bout my.

which reminds meif you haven't watched freaks and geeks, just watch it.