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Kirkham Motorsports

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Old 07-20-2008, 10:50 AM
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Owner could state, (probably to late now), 'unauthorized use of a motor vehicle', if so, his insurance would kick in and the illegal driver would be in deep stuff. In Hawaii it is the OWNER of the vehicle that bears responsibilty FIRST, driver second. I would think the Insurance would and could go after the owner to recover their expenses, insurance or not, they could still get a judgement against him in court. If it was authorized use of a vehicle, the OWNER is still liable, insurance or not.

Hopefully, you won't have to worry about who's paying for what, let your insurance work it out.
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Old 07-20-2008, 11:08 AM
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Originally Posted by Excaliber View Post
Hopefully, you won't have to worry about who's paying for what, let your insurance work it out.
I'm past thinking about who pays for the damage and am already thinking about getting the car up to Bob so he can start going over it. Liability here is clear-cut (one of the occupants actually called the owner from the scene using a cell phone) and it was reasonably clear that they worked for the owner (vicarious liability). Here in Northern Virginia we literally litigate just for the sport of it, but I don't see it coming to that. The owner's insurance carrier acknowledged this morning that the other driver was clearly at fault and, as soon as they confirm that coverage applies to that driver, then that just leaves damages. I told them that I was going to have the same people that built the car, and the same people that did the body and paint work, do the repair work and that meant having it trucked up to CT. They said "OK." In the long run, it will be cheaper for them to have ERA and CCC do the work because it will be done right the first time.
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Old 07-20-2008, 12:00 PM
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Default Do you have the police report??

PaterickT Make sure you have a copy of the accident. Also push that the policeman issues a ticket for this. You may need this down the road. You also have about 50 pictures to show the car was in perfect condition. You only may have 30 days for this ticket to be issued. As said before the guys may be back in Mexico by now. I know Jersey is different from VA. We sue everybody here. I think we have more lawyers on the TV than anywhere else. Rick L. Ps you are doing the right thing with sending the car back to ERA and Tony. I think there is more damage than you are seeing. Better to have the PROs fix it.
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Old 07-20-2008, 12:05 PM
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PaterickT Make sure you have a copy of the accident. Also push that the policeman issues a ticket for this. You may need this down the road. You also have about 50 pictures to show the car was in perfect condition. You only may have 30 days for this ticket to be issued. As said before the guys may be back in Mexico by now. I know Jersey is different from VA. We sue everybody here. I think we have more lawyers on the TV than anywhere else. Rick L. Ps you are doing the right thing with sending the car back to ERA and Tony. I think there is more damage than you are seeing. Better to have the PROs fix it.
The cop was very professional and issued the driver two citations. I'll feel better when I get the car on the truck headed North. Between Bob, Doug, and Walt I'm sure it will come back just fine. Now whether or not I get it back by the end of the year is up for grabs....
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