19 year old driver without a valid DL, I am the owner and the car is totaled Other driver ran stop sign. what do I do?

Asked 7 months ago - Kissimmee, FL

I had no idea the car was taken out it was midnight and was woken up to the news and immediately got there. I have State Farm the other driver has Geico. I am the only insured driver for my vehicle. 19 yr old was arrested because of not having the valid dl. once bailed out took her to the ER she had very several contusions, gashes pain slurred speech and not her normal self (she has a concussion). I don't even know how to progress I lost the vehicle, she was injured, along with her 17 yr old passenger. I need a car to get to work, will they pay? I hear Geico is notorious for not wanting to pay claims I don't know what to do. it seems so complicated. Please give me some good real advice I know I have to get a lawyer but how do I tell my insurance co without having the poor girl get charged

Additional information

She was released from jail, I took her straight to the ER where she was seen and even the DR stated to me to look into action against the trooper that took her to jail instead of straight to the ER, Hours later after being in jail she was still showing signs of her concussion, burns, spinal pain neck pain knee pain, that poor girl was in pain. Geico doesn't want to pay for anything and had trouble finding their insured's number. The accident is still being "investigated" so now I am in pain and so far out of pocket $500.00 from the tow's and storage.

Attorney answers (5)

  1. Dennis Michael Phillips

    Contributor Level 17

    10

    Lawyers agree

    Answered . Here are my two cents, based on what you posted. You are the insured owner of a vehicle that was damaged by someone else's negligent driving. On that issue alone, GEICO should pay for your repairs or actual cash value, if totaled.
    On the issue of the 19 year old being charged with anything, that is between the police and the 19 year old. You can't prevent it; and you can't make it happen. It's a police / state attorney decision.
    On the issue of the 19 year old being injured by the GEICO vehicle, there is grounds for a personal injury case there by the 19 year old against the GEICO car owner and driver. Driving without a license is an administrative issue, and not evidence of negligence on the part of the 19 year old. The other driver ran the stop sign and caused injury. That's the case.
    To the extent that the 19 year old was negligent, it cuts into her recovery; but you should be protected, as the owner, because you did not permit that 19 year old to operate your car.

    Please visit our website at www.411FlaLaw.com and watch our video. It is an eye-opener to most people who have no... more
  2. Daniel Nelson Deasy

    Contributor Level 20

    10

    Lawyers agree

    Answered . Call your carrier and let them sort this out.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  3. Mark Alexander Kaire

    Pro

    Contributor Level 13

    8

    Lawyers agree

    Answered . You should speak with a lawyer, before speaking with the insurance company. If your main concern is property damage, Geico will pay regardless of DL issue. As to giving you real advice, too many questions to ask you in order to give you REAL advice.

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Let your insurance company sort it out

  5. Lars A. Lundeen

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . The lack of a driver's license has no bearing on liability. Assuming the other party is responsible for running a stop sign, their carrier, GEICO, should reimburse you for the retail value of your vehicle, assuming the other party has purchased property damage coverage.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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