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James E. Banks

James Banks’s Answers

4 total

  • My mother died in a car accident early this yr she had two other people in the car. can they recive more money than what the

    can they recieve more money than what the car insurance will pay. the car was in my name with full coverage insurance... can the other two people go after me or can they file suit against my home owners insurance which is what someone has told the...

    James’s Answer

    I'm very sorry for your loss. As a previous contributor mentioned, there may be other potential insurance policies in play besides your own. If one of both of the victims had a UM/UIM provision on their auto policy, their estates may be able to seek damages from their insurer up to the amount of the policy limits.

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  • I was an passenger of my own car by friend was driving she hit my garage door

    i was sleep and had a few beers i let my friend drive cause she hadnt been drinking. as she was about to pull in my garage she scrap the side of my garage on the passenger side. She said she was going to pay for it. But she playing around like she...

    James’s Answer

    If you have collision coverage, your auto insurance should pay to repair the damage minus any deductible.

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  • MY son hit a truck that just got in front of him. Driver just drove away but there was a lot of damages to my sons car.

    Know were stuck with paying our deductible but what irrates me is that he didn't even care to see that my son was okay. My son got the drivers license plate number but what can I do because it seems that here in Houston in case of accidents ther...

    James’s Answer

    I hope your son is doing okay. If your son is injured and the vehicle he was driving has Uninsured/Underinsured Motorist (UIM) coverage, he should file a UIM claim on the policy. There would be no deductible involved for a UIM bodily injury claim.

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  • If an uninsured driver has an accident who is liable when driving someone elses car in Florida?

    The car is insured by the owner and the driver is not on the policy. Does it matter if the driver has the owner's permission or not?

    James’s Answer

    If I am reading your question correctly, you would like to know if the person that was driving the car at the time of the collision is an “insured” pursuant to the insurance contract.

    It would depend on the car’s insurance policy, but if the uninsured driver had permissive use of the car and the vehicle is insured then coverage should apply. In regards to Liability Coverage, insurance contracts generally state that “If you pay the premium for liability coverage, we will pay damages for which an insured becomes legally liable due to bodily injury or property damage, caused by an accident arising out of the ownership, maintenance, or use of an auto for which overage applies.”

    Generally, insurance contracts define an insured as “Any person using your covered auto with your permission.” Thus, if the person operated the covered automobile without permission, then the liability insurance would not attach and the uninsured driver that used the auto without permission would be personally liable for all damages arising out of the collision due to his negligence.

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