My friend was driving my car. We were going to a marketing research session where we were both to make 125.00. I figured my car is nicer, I like a/c and she doesn't like to turn a/c on to save gas so she drove my car. Afterwards, we stopped at Taco Bell and in leaving the parking lot she hit a STATIONARY pole outside of the entrance way which was put there so the box trucks don't hit the overhang of the building. The pole was on the left hand side which means she should have been further over in the lot coming around the corner cause its a 2 way in/out and she hit it on the driver's side which means she was on the wrong side of the road. My car had 6000 of damage. MY insurance is covering everything except my 500 deductible. She wants to pay 250 instead of the 500 and have me go after taco bell for having the pole there. There is no law saying they can't have the pole there and I do not need the grief. Is she responsible for the 500?
2006-07-13 09:45:26 · 10 answers · asked by nonnie 2 in Cars & Transportation ➔ Insurance & Registration
in florida it is no fault as it was my vehicle her insurance company wouldn't pay a role at all. It all goes on my insurance. She was in the wrong hitting the pole. it caused 6K in damage and its my insurance that will go up and it will be my car that is devalued having been in an accident. It is a 2003 Envoy SLT - around 28K new with only 30K miles on it. LIKE NEW.. it will be fixed but I shouldn't have to deal with more insurance costs and devalued car. She was in the wrong even the officer said so at the scene. I think she is responsible. She elected to drive and was in control of the car.
2006-07-13 10:19:35 · update #1
the deductible is yours to pay .........and the rate increase
you accept the responsibility of whomever you let drive your car. should she cover the deductible as moral person? Sure, but morals and the law are two different things.
Unfortunately you are in a no fault state, in a fault state, insurance follows the car, but liability follows the driver
2006-07-13 16:00:55 · answer #1 · answered by Anonymous · 1⤊ 0⤋
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RE :Car Insurance Liability who should pay?
My friend was driving my car. We were going to a marketing research session where we were both to make 125.00. I figured my car is nicer, I like a/c and she doesn't like to turn a/c on to save gas so she drove my car. Afterwards, we stopped at Taco Bell and in leaving the parking lot she hit a STATIONARY pole outside of the entrance way which was put there so the box trucks don't hit the overhang of the building. The pole was on the left hand side which means she should have been further over in the lot coming around the corner cause its a 2 way in/out and she hit it on the driver's side which means she was on the wrong side of the road. My car had 6000 of damage. MY insurance is covering everything except my 500 deductible. She wants to pay 250 instead of the 500 and have me go after taco bell for having the pole there. There is no law saying they can't have the pole there and I do not need the grief. Is she responsible for the 500?
Update: in florida it is no fault as it was my vehicle her insurance company wouldn't pay a role at all. It all goes on my insurance. She was in the wrong hitting the pole. it caused 6K in damage and its my insurance that will go up and it will be my car that is devalued having been in an accident. It is a 2003 Envoy SLT - around 28K new with only 30K miles on it. LIKE NEW.. it will be fixed but I shouldn't have to deal with more insurance costs and devalued car. She was in the wrong even the officer said so at the scene. I think she is responsible. She elected to drive and was in control of the car.
Follow 9 answers
2016-08-12 08:45:13 · answer #2 · answered by ? 6 · 0⤊ 0⤋
To get legal advice you would need to talk to an attorney in your state since state law would dictate the solution to this situation.
However, from my experience with similar situations in my state I would say, yes. She is responsible since she was driving. Her insurance would cover this - since it covers her as a driver (minus any deductible she has). However, for $250.00 it may cost you more than $250.00 to go through the motions to make her pay. You will have no success trying to go after Taco Bell. Contact her about submitting a claim to her insurance. If she refuses you can let it go, or take her to small claims court (you represent yourself). However, the filing fee in small claims court may be more or equal to the amount she still owes you.
This may be a $250.00 lesson to never let her drive you car or carry insurance with no deductible.
If you want to verify this answer, call your state bar association for a referral to an attorney in your area that handles property damages claims.
Additional information:
If you are in florida, you are right that it is no fault. However, you could take her to small claims for the $250.00 because she was driving and as the adjuster explained, liability follows the driver.
As far as morally, she is responsible since she was in control of the car at the time of the acciedent. It was her actions that caused the accident (the pole never moved).
You said, "She elected to drive the car". You did allow her to drive. You can't say that you couldn't have done anything about it. You were not carjacked. You choose to let her drive. Does that make her less responsible morally for her poor driving? No. Like you said, you will take the consequences of higher insurance rates and decreased value on your car. Those are the result of your decision to allow another person to drive your car.
2006-07-13 09:55:19 · answer #3 · answered by Answer 2 2 · 0⤊ 0⤋
You probably can't compel her to pay the entire deductible. At least she's offered to cover half. If she were a straight-up individual, she'd offer to pay the whole thing.
Taco Bell has no liability. The driver is responsible for the proper operation of the vehicle.
Chock it up to life's experience. Bummer!
2006-07-13 12:44:40 · answer #4 · answered by Bostonian In MO 7 · 0⤊ 0⤋
I believe it should be a 75% and 25% split. you used your vehicle. She as the driver would be more liable for the damage. You both benefited from compensation from the session. There needs to be some compromise between the two of you. So you may remain friends.
2006-07-13 10:09:50 · answer #5 · answered by ralph d 2 · 0⤊ 0⤋
Actually no, because she had your permission to drive the car, which means that you were accepting responsibility should she have an accident.
However, common sense should tell her that it's up to her to pay the deductible.
Good Luck.
2006-07-13 09:50:26 · answer #6 · answered by Nysa 3 · 0⤊ 0⤋
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RE Car Insurance Liability who should pay?
My friend was driving my car. We were going to a marketing research session where we were both to make 125.00. I figured my car is nicer, I like a/c and she doesn't like to turn a/c on to save gas so she drove my car. Afterwards, we stopped at Taco Bell and in leaving the parking lot she hit a STATIONARY pole outside of the entrance way which was put there so the box trucks don't hit the overhang of the building. The pole was on the left hand side which means she should have been further over in the lot coming around the corner cause its a 2 way in/out and she hit it on the driver's side which means she was on the wrong side of the road. My car had 6000 of damage. MY insurance is covering everything except my 500 deductible. She wants to pay 250 instead of the 500 and have me go after taco bell for having the pole there. There is no law saying they can't have the pole there and I do not need the grief. Is she responsible for the 500?
2014-09-10 20:28:03 · answer #7 · answered by Anonymous · 0⤊ 0⤋
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RE :Car Insurance Liability who should pay?
My friend was driving my car. We were going to a marketing research session where we were both to make 125.00. I figured my car is nicer, I like a/c and she doesn't like to turn a/c on to save gas so she drove my car. Afterwards, we stopped at Taco Bell and in leaving the parking lot she hit a STATIONARY pole outside of the entrance way which was put there so the box trucks don't hit the overhang of the building. The pole was on the left hand side which means she should have been further over in the lot coming around the corner cause its a 2 way in/out and she hit it on the driver's side which means she was on the wrong side of the road. My car had 6000 of damage. MY insurance is covering everything except my 500 deductible. She wants to pay 250 instead of the 500 and have me go after taco bell for having the pole there. There is no law saying they can't have the pole there and I do not need the grief. Is she responsible for the 500?
Update: in florida it is no fault as it was my vehicle her insurance company wouldn't pay a role at all. It all goes on my insurance. She was in the wrong hitting the pole. it caused 6K in damage and its my insurance that will go up and it will be my car that is devalued having been in an accident. It is a 2003 Envoy SLT - around 28K new with only 30K miles on it. LIKE NEW.. it will be fixed but I shouldn't have to deal with more insurance costs and devalued car. She was in the wrong even the officer said so at the scene. I think she is responsible. She elected to drive and was in control of the car.
Follow 10 answers
Car Insurance Liability who should pay?
My friend was driving my car. We were going to a marketing research session where we were both to make 125.00. I figured my car is nicer, I like a/c and she doesn't like to turn a/c on to save gas so she drove my car. Afterwards, we stopped at Taco Bell and in leaving the parking lot she hit a STATIONARY pole outside of the entrance way which was put there so the box trucks don't hit the overhang of the building. The pole was on the left hand side which means she should have been further over in the lot coming around the corner cause its a 2 way in/out and she hit it on the driver's side which means she was on the wrong side of the road. My car had 6000 of damage. MY insurance is covering everything except my 500 deductible. She wants to pay 250 instead of the 500 and have me go after taco bell for having the pole there. There is no law saying they can't have the pole there and I do not need the grief. Is she responsible for the 500?
Update: in florida it is no fault as it was my vehicle her insurance company wouldn't pay a role at all. It all goes on my insurance. She was in the wrong hitting the pole. it caused 6K in damage and its my insurance that will go up and it will be my car that is devalued having been in an accident. It is a 2003 Envoy SLT - around 28K new with only 30K miles on it. LIKE NEW.. it will be fixed but I shouldn't have to deal with more insurance costs and devalued car. She was in the wrong even the officer said so at the scene. I think she is responsible. She elected to drive and was in control of the car.
Follow 10 answers
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2016-03-23 08:15:40 · answer #10 · answered by ? 2 · 0⤊ 0⤋