Hit by Nanny driving MB's car... should I sue?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Why would it matter at all whos car it was. This isn't like someone driving a Verizon truck. The nanny does not represent the MB. Unfortunately you will have to sue the nanny and she surely won't have any money.

Insurance pays, not the person. Nanny was driving MB's car, so if Nanny was included in MB's insurance and didn't have her own insurance, only MB's insurance gets hit, and rates go up. If Nanny is on MB's insurance and has her own, her insurance takes the first hit, but both policies will go up. If she wasn't on MB's insurance, that's when it gets dicey, especially if she doesn't have a vehicle of her own, so doesn't have her own insurance.

You don't ensure a car for things the car does. Nanny is at fault and should pay the medical bills, if she has insurance to cover that so be it. But MB having insurance on her car means it will be repaired, but just because she has insurance doesn't mean that they will pay the medical bills of some other person that an uninsured driver hit.

The way OP wrote things was that she wanted to sue MB ( presumably because she has more money) simple because she owned the car.

You could not be more mistaken. The nanny's employer will absolutely be liable since the nanny was driving on the employer's business when the accident occurred, whether or not the nanny was driving their car or hers. Unless the nanny has a business rider on her insurance which covers her driving while being a nanny, her insurance will not cover the accident. If the employer's insurance does not list the nanny as a insured driver and the nanny as an employee, their insurance will not cover the accident either. Insurance will only cover what is explicitly covered in the policy and then only up to the limits of the policy. Any judgement above those limits or lack of coverage will make both the nanny and the employer liable for the remainder. Look up "vicarious liability".

[Anonymous]

Respondeat superior, people. It matters, employers.

[Anonymous]

Anonymous wrote:Respondeat superior, people. It matters, employers.

Could you explain more, pp?

[Anonymous]

I assume the Police will press charges for hit and run as they have the plate info and did a report so thats a done deal.

Why do you need to sue exactly? Do you have health insurance? and did they pay for your doc visits etc?
If not then the drivers car insurance should do that, but if shes at fault that should happen without you having to sue.

[Anonymous]

Sure, Jan.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Why would it matter at all whos car it was. This isn't like someone driving a Verizon truck. The nanny does not represent the MB. Unfortunately you will have to sue the nanny and she surely won't have any money.

Insurance pays, not the person. Nanny was driving MB's car, so if Nanny was included in MB's insurance and didn't have her own insurance, only MB's insurance gets hit, and rates go up. If Nanny is on MB's insurance and has her own, her insurance takes the first hit, but both policies will go up. If she wasn't on MB's insurance, that's when it gets dicey, especially if she doesn't have a vehicle of her own, so doesn't have her own insurance.

You don't ensure a car for things the car does. Nanny is at fault and should pay the medical bills, if she has insurance to cover that so be it. But MB having insurance on her car means it will be repaired, but just because she has insurance doesn't mean that they will pay the medical bills of some other person that an uninsured driver hit.

The way OP wrote things was that she wanted to sue MB ( presumably because she has more money) simple because she owned the car.

You could not be more mistaken. The nanny's employer will absolutely be liable since the nanny was driving on the employer's business when the accident occurred, whether or not the nanny was driving their car or hers. Unless the nanny has a business rider on her insurance which covers her driving while being a nanny, her insurance will not cover the accident. If the employer's insurance does not list the nanny as a insured driver and the nanny as an employee, their insurance will not cover the accident either. Insurance will only cover what is explicitly covered in the policy and then only up to the limits of the policy. Any judgement above those limits or lack of coverage will make both the nanny and the employer liable for the remainder. Look up "vicarious liability".

This! However I am still curious as to how you know the driver was a nanny if she didn't stop but fled the scene?

[Anonymous]

To all the people who can't figure out how the op knows it was a nanny, go back and read the original paragraph. That info is given.

[Anonymous]

Anonymous wrote:Sure, Jan.

Why resurrect a year old thread to provide such insightful commentary?

[Anonymous]

I think you should sue the nanny and her car insurance, notvthe MB. If I was the Mb, of course first I'd fire the nanny. This is also why I don't let other people drive my cars.

[Anonymous]

You sue both. And then their insurance companies argue amongst themselves over who should pay - but you'll get a judgment nonetheless (assuming you win).

And for those asking what you would sue for: co-pays, time missed from work, etc.

[Anonymous]

Anonymous wrote:MB here. Our nanny is on our insurance. Our insurance has explained that her insurance would pay first, and then our insurance would cover any additional. So, we'd both probably end up with higher rates. But, the hit-and-run would really, really bother me. I think you should pursue it.

Interesting... this is exactly what our insurance explained. Then the nanny had a fender-bender. Insurance person said her insurance doesn't matter (we have same insurance company even), so everything went to our insurance and our rates went up, and I felt bad asking nanny to pay our (higher) deductible, but we desired not to give her a raise.

It is MBs insurance that would pay and take a hit.

[Anonymous]

Question; how is the driver not in jail? Hit and run is a crime!