Car Surfing and Insurance

March 2, 2011 No Comments »

car surfing

Young people do crazy things. The older we get, the more foolish these things (and things we did when we were that age) appear to be.

However, the new trend of “car surfing” will likely be one of those that everyone will look back on as just plain stupid.

For those of us who only use cars for more traditional means, such as transportation to work, car surfing is the act of riding the hood, trunk or roof of a moving car while imitating the moves of a surfer on water.

There are even reported incidences where drivers of the vehicle attempt to get out and “surf” while no one is behind the wheel. No, we are not making that up. Continue reading once you’ve finished rolling your eyes and shaking your head in disbelief.

You Guessed It: Not Good For Insurance

Remember, depending on the state in which you reside, the laws may dictate different outcomes to the amount and possibility of collecting damages.

For example, your particular state may find that the “surfer” is negligent for resulting damages and the car owner’s insurance (assuming they are not the same person) would not pay a dime.

In other states, the vehicle owner’s insurance may get the whole bill, while in other states the “surfer” and driver/owner would split the bill in various manners.

While there are almost an unlimited number of outcomes to this stunt with regard to bodily injury and property damage (none good), we’ll highlight a few of the more obvious.

Bodily Injury: What if the “surfer” gets hurt?

The surfer, likely not your friend anymore, would be able to make a claim against the liability portion of your insurance policy or against personal injury protection (PIP).

In essence, this means the driver may be “at-fault” as though they injured the “surfer” while he/she was simply standing on a street corner or as if they were a passenger, hurt during a collision not caused by another driver.

Bodily Injury: How about the driver getting hurt?
Interestingly, there may be coverage for this injury under the driver’s health insurance or auto insurance. Since the driver would be “at-fault,” the liability portion of his/her insurance would not be triggered if a claim were filed.

The only option for the driver here, as far as auto insurance goes, would be to have purchased medical payments coverage (Med Pay) or PIP. Both are coverage an insured purchases to protect them in the event they are injured in an accident that was not someone else’s fault.

Property Damage: Dude, I broke my “board.”

The driver’s insurance policy would respond if the car being “surfed” is damaged. Of course, if Spicoli didn’t purchase physical damage coverage for the vehicle, or more specifically, collision coverage; he’d be out of luck and would have to cover the cost of repairs.

Comprehensive coverage, also known as Other Than Collision or “Comp” would do no good here. Read more about the difference between comprehensive and collision coverage and whether or not you need it.

Property Damage: Someone Else’s “Stuff” is Damaged

Coverage here depends on whether or not the damage was caused by the car or the fool “surfing” on top of it. If it was the car, the car insurance property damage liability would cover the cost of repairs. If the “surfer” causes the damage, he/she would likely be found liable. Although, this may very well end up in court to determine who foots the bill.

The Final Word on Car Surfing

While there were a few (admittedly lame) 80’s movie comedy references related to this topic, there really isn’t anything funny about it. Many people are injured and, of course, people have died as a result of car “surfing.” It is dangerous and not worth the risk of injury, let alone the financial ramifications.

Not only would your car insurance rates go up, but you may be hard pressed to even locate coverage if this type of liability claim shows up on various reports (CLUE, MVR). The last thing you need is to be labeled a non-standard “risk” for auto insurers or have to obtain coverage from a state-run insurance pool. It’s a whole different ballgame than the standard and preferred markets.

Parents are cautioned that they would likely be found negligent (at-fault) in court cases where bodily injury, including death, and property damage have occurred. Not knowing what your minor is up to when they leave the house is not a plausible defense in court. Be certain to communicate this to your children – even if you think there is no possible way they would do this.

(photo: pthread1981)

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