Friend backed into another car; won't repay me - thinking of taking to court

[torpid]

If he can sue his friend for the $1000, then if he had reported it to his insurance, wouldn't the insurance have gone after the friend for the $1000?

 

[Howard]

explain. pl0x.

or else what?

 

[Schfifty Five]

or else what?

or else I keel you.

I see it now thanks.

 

[darkswordsman17]

Everyone understood what he meant including you. Are you really going to try to point out a typo/omission?

Wait for it, amdhunter will actually respond claiming he himself has not even driven his own cars for the last 10 years.

 

[bobdole369]

I figure because I own the car and the insurance policy covering the car I'm responsible for what happens with the car.

Nope. The driver is responsible. And in this case - your friend.

***(note - this is based on experience in Florida - land of the old)***

What about that situation if your car is stolen? Why is the owner of the car responsible?

Note the distinction between Owner and Driver.

Apparently he gave his insurance information (for his car which is 300+ miles away) to the guy who he backed into. His insurance company finds out he did this and immediately denies coverage.

Of course they would. This wasn't a rental, nor was it the covered property. Since your insurance doesn't list your friend as a driver - he is an "uninsured driver" and responsible for every penny of damage he causes while driving your car.

You've essentially loaned your friend $1000 that you were not obliged to. The owner of the OTHER car should have sued your friend and garnished his wages.

I know I was negligent in making sure that the situation was resolved and I should have contacted the guy who he backed into from day one. Do I have a case to bring him to court? I have 3 people who saw him back into the car, two who were in the car with him. I've got receipt for the cashiers check, the auto repair quote, proof of insurance at the time, etc.

You weren't negligent. You aren't responsible in any way. Even though your friend had permission, essentially consider that your car was stolen.

It'll cost you a couple hundred dollars to file, and you'll get a judgment against your friend for the filing fees and any legal work you need to do if you win. Then it'll cost you another couple hundred dollars (billable to your friend) to garnish wages, order the sheriff to sieze his property and sell it, make him sell his car, garnish bank accounts, etc. That is if you win.

But I guarantee that you won't. Your misstep was to pay for something you didn't need to pay for. It was like buying someone else's groceries on a promise to pay.

He owes it to you sure, but you won't win a case over it. The only thing you can recover here is the damage he caused to YOUR car.

 

[Patranus]

I know that in CA you have to report any accident with damages over $750 to the DMV.
If your state has a similar law you might want to file with the DMV before going to court.
In CA you can have your license suspended for failing to report an accident over $750 and a sure fire way for government to know would be to go to small claims court.

 

[EagleKeeper]

Wait for it, amdhunter will actually respond claiming he himself has not even driven his own cars for the last 10 years.

How could he - they are always in the body shop after getting scratched by a little old lady in the parking lot:whiste:

 

[JTsyo]

Go to one of the TV courts. They'll pay for having you on.

 

[Baked]

Choose your friends wisely. You shouldn't have stepped in and paid the guy for his damaged bumper.. It was all on your "friend."

 

[Xecuter]

huh? Have you been drinking again? lol


But to answer your question, in most states you are liable for what someone else does with your car. But you should also be able to collect on the basis of negligence from the actual driver.

I would call your friend and tell him very calmly that it is not fair for you to be hit with this bill (it's not like he was driving your car to take your wife to the ER), and that you are feeling really bad about this large expense and would like him to to take the initiative on paying this back.

Start with that, and see where it lands you. Then you can try small claims if you want.

Tried this, it's been 6 months of excuses

 

[disappoint]

How could he - they are always in the body shop after getting scratched by a little old lady in the parking lot:whiste:

Actually they are Ferraris and Lambos he keeps in his spacious living room sort of like Camoran's dad in Ferris Wheelers day off from learning anything.

 

[disappoint]

You weren't negligent. You aren't responsible in any way. Even though your friend had permission, essentially consider that your car was stolen.

No one is going to consider the car stolen unless it was reported stolen.

 

[Theb]

$1k is a reasonable price for the number things you (hopefully) learned from this. People have paid much more to learn much less.

 

[Vic Vega]

$1k is a reasonable price for the number things you (hopefully) learned from this. People have paid much more to learn much less.

I agree. It hurts. We've all done it. It's called a stupid tax. Typically the people who deny having done it have actually done it the most.

Sorry this happened OP. You can sue the guy and probably get nothing, or just move on and accept the tax.

My understanding from my state law is that: you would be in no way responsible for the damage. The car didn't cause the damage, the driver caused it and used to car to accomplish it. Your state is probably similar.

In the future you know not to: 1.) Loan your car to flakes. 2.) Make assumptions based on your legal liability. Ask an attorney. 3.) Never pay for someone's mistakes.

 

[Deleted member 4644]

Nope. The driver is responsible. And in this case - your friend.

***(note - this is based on experience in Florida - land of the old)***

What about that situation if your car is stolen? Why is the owner of the car responsible?

Note the distinction between Owner and Driver.



Of course they would. This wasn't a rental, nor was it the covered property. Since your insurance doesn't list your friend as a driver - he is an "uninsured driver" and responsible for every penny of damage he causes while driving your car.

You've essentially loaned your friend $1000 that you were not obliged to. The owner of the OTHER car should have sued your friend and garnished his wages.



You weren't negligent. You aren't responsible in any way. Even though your friend had permission, essentially consider that your car was stolen.

It'll cost you a couple hundred dollars to file, and you'll get a judgment against your friend for the filing fees and any legal work you need to do if you win. Then it'll cost you another couple hundred dollars (billable to your friend) to garnish wages, order the sheriff to sieze his property and sell it, make him sell his car, garnish bank accounts, etc. That is if you win.

But I guarantee that you won't. Your misstep was to pay for something you didn't need to pay for. It was like buying someone else's groceries on a promise to pay.

He owes it to you sure, but you won't win a case over it. The only thing you can recover here is the damage he caused to YOUR car.

bobdole369, I am a lawyer and you are wrong. Bad advice, bad.

Not saying he shouldn't sue for negligence against his friend, but he cannot "consider" the car stolen if he gave permission to use it. That would be perjury/filing a false police report. If you loan someone a car, you are usually responsible for any resulting damages (depending on the state and specific issues of fact, ofc).

 

[Xecuter]

Ah this is the response I was afraid of. Stupid tax it is - hopefully my buddy will pull throufh but my hopes aren't up.

 

[SooperDave]

You chose not to use your insurance. If it had been a fifty thousand dollar accident and you decided to pay it instead of insurance would you expect your friend to pay? What I'm getting at is he was driving a car he believed was covered by insurance and that insurance would cover any accident. Unless he agreed to pay in full if I was a judge he would pay your deductible.

edit: There is no deductible in this case

 

[RavenSEAL]

Go get him champ

 

[Born2bwire]

Think real hard about what you just wrote, else you might miss the one key word you omitted.

He just likes to look at them, ok?

 

[Old Hippie]

It's called a stupid tax.

That's great! :thumbsup:

Edit......And I've paid that fine many times! LOL!

 

[bobdole369]

bobdole369, I am a lawyer and you are wrong. Bad advice, bad.

Not saying he shouldn't sue for negligence against his friend, but he cannot "consider" the car stolen if he gave permission to use it. That would be perjury/filing a false police report. If you loan someone a car, you are usually responsible for any resulting damages (depending on the state and specific issues of fact, ofc).

nononono folks always misconstrue what I mean. I know the car wasn't stolen and I know that you can't say the car was stolen. (My point was to think as if the car were stolen)

Figuratively speaking "if" someone had stolen the car, why would that be different than "loaning" someone the car?

Having given someone permission to use my baseball bat doesn't mean that I'm responsible when that person uses that bat to destroy a window. Of course states vary. Generally speaking the subject who performs the "act" is the responsible party. The owner of the object the act was performed with is not. (Maybe I'm wrong here).

In that same vein would a car rental agency be responsible if I crashed a vehicle into a building for that building? They after all own the car.

If you loan someone a car, you are usually responsible for any resulting damages

I've heard that statement my whole life, I just don't get why.

 

[fenrir]

I don't think you have a good chance. It will vary by state and by insurance policy but the default assumption is that the owner of the car who lends the car to someone else is liable for any damages that person causes. In some states this is actually stated in the state statutes. In other states I think you will be hard-pressed to win this, but it might be possible. The fact that you paid the other driver is probably going to weaken your case, though.

I am in WI and I am here to tell you that you incorrect.

My sister took my car and got into an accident. She was responsible for the accident and the costs. I talked with a lawyer and the only way they could come after me is if she did not pay. They could only come after me for a limited time, so I made sure she made enough payments to keep them off my back until that point. I do not remember what the time limit was exactly but it was less than two years from the time of the accident.

If they had come after me and gotten their money, I would have to go after the driver (in this case my sister) to recover the money I had to pay out. In no way did it allow the driver to get off from paying for the accident.

 

[OutHouse]

Nope. The driver is responsible. And in this case - your friend.

***(note - this is based on experience in Florida - land of the old)***

What about that situation if your car is stolen? Why is the owner of the car responsible?

Note the distinction between Owner and Driver.



Of course they would. This wasn't a rental, nor was it the covered property. Since your insurance doesn't list your friend as a driver - he is an "uninsured driver" and responsible for every penny of damage he causes while driving your car.

i really can not believe that so many in here are saying the OP is financially responsible for this accident.

You've essentially loaned your friend $1000 that you were not obliged to. The owner of the OTHER car should have sued your friend and garnished his wages.



You weren't negligent. You aren't responsible in any way. Even though your friend had permission, essentially consider that your car was stolen.

It'll cost you a couple hundred dollars to file, and you'll get a judgment against your friend for the filing fees and any legal work you need to do if you win. Then it'll cost you another couple hundred dollars (billable to your friend) to garnish wages, order the sheriff to sieze his property and sell it, make him sell his car, garnish bank accounts, etc. That is if you win.

But I guarantee that you won't. Your misstep was to pay for something you didn't need to pay for. It was like buying someone else's groceries on a promise to pay.

He owes it to you sure, but you won't win a case over it. The only thing you can recover here is the damage he caused to YOUR car.

this 100% yes it was your car but you were not driving. i would have told the guy to start talking your ex friend and your ex friend's insurance agency. no way in hell would i have paid that.

i can not believe so many people in here has told the OP that he is responsible when he was not driving! Your personal auto insurance coverage will apply in most cases when you drive a vehicle not your own

OP good luck to you, you have a solid case against your friend but getting him to pay up will be another adventure in futility.

 

[LurkerPrime]

This is why when you lend out your vehicle to a friend should always let them know that if they get in an accident, then they have stolen your car. I figure I've given my friend permission to use my car and not wreck it, and wrecking it is a breach of contract, at which point the car is then considered stolen.

I've lent my car out a few times, and thankfully have never had to test to see if my theory would hold any weight in the court of law.

 

[Onita]

this 100% yes it was your car but you were not driving. i would have told the guy to start talking your ex friend and your ex friend's insurance agency. no way in hell would i have paid that.

i can not believe so many people in here has told the OP that he is responsible when he was not driving! Your personal auto insurance coverage will apply in most cases when you drive a vehicle not your own

OP good luck to you, you have a solid case against your friend but getting him to pay up will be another adventure in futility.

So many people are saying it because it is correct for the most part.