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

[Onita]

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.

It wouldn't.

 

[BoomerD]

http://www.progressive.com/understanding-insurance/entries/2009/8/31/are_you_covered_if_.aspx

http://www.insurancequotes.com/auto-insurance-borrowed-car/

Arthur Flitner, senior director of knowledge resources at The Institutes in Malvern, Pa., an insurance education group, says: “The basic idea is that someone who borrows your car with your permission is going to be an insured (person) under your policy. … As long as he had your permission to use your vehicle and he used it reasonably within the scope of that permission, he would be insured under your policy.”

Even if your friend has his own auto insurance, the damage from an accident probably will be your problem.

“If you lend your car to your friend, then your policy would pay first,” Flitner says. “In most states, there are statutes that require the owner of the vehicle to be responsible in that sort of situation.”

Every state is somewhat different, but this is the norm.

 

[alien42]

take your friend to one of the court TV shows and you both get paid.

win/win

 

[torpid]

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.

I'm glad that this is the case in WI, if true. I loan a car to a friend somewhat regularly and always wondered what would happen...

 

[SZLiao214]

If you guys aren't friends anymore i wouldn't think twice about taking him to court.

I hope things go well for you.

 

[lord_emperor]

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.

Go through with it anyway, or at least bluff that he'll have to pay the $1000 + fees. Hopefully he'll cave and "settle" for just the $1000 he owes you.

 

[Deleted member 4644]

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.



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

A stolen car has different implications under the law than a loaned car.

Anyways, like I said I'm an attorney, not in WI, so this is not legal advice, but generally the owner of a car is responsible for whatever happens with that car if it was loaned out.

http://personal-injury.lawyers.com/auto-accidents/Liability-Law-and-Loaning-Your-Car.html

That's the law in most U.S. jurisdictions. Note it does not apply to all scenarios where you loan a car. But at least in CA, we also have the following: Vehicle Code section 17150 provides, "Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle, in the business of the owner or otherwise, by any person using or operating the same with the permission, express or implied, of the owner."

 

[DrPizza]

http://www.progressive.com/understanding-insurance/entries/2009/8/31/are_you_covered_if_.aspx

http://www.insurancequotes.com/auto-insurance-borrowed-car/



Every state is somewhat different, but this is the norm.

Yep. Your insurance should have paid out. It's not your friend's fault that you opted to pay cash and keep it a secret from the insurance company. Twas kind of a jerk move to do that when the insurance company would have paid the full amount, then expect him to pay that amount instead. That's the purpose of insurance, and by loaning him the car, that's the risk you took.

 

[DrPizza]

You are clearly not liable, nor is your insurance. You do not have to cover any damages done by your car because you never gave permission for the car to be used.....

I assume you're just joking. But, if he tried to pull this and his friend was able to prove that he was given permission, then he would be found guilty of false reporting to the police. They don't take too kindly to that.