Car Insurance Liability who should pay?

Question

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?

Answer 1

Yes, she is responsible for the entire deductible. Consider the fact that your insurance rates will probably increase now that you've had an accident. YOU are the one who will have to pay the increased premium, not her. The LEAST she can do is pay the deductible.

As for the pole and blaming Taco Bell, she's simply trying to avoid
responsibility.

P.S. Since the cost of pursuing a law suit is WAY over 500 or even 1,000. dollars, there is NO way to 'go after' Taco Bell for $500.

Answer 2

First of all, your friend should not have been driving your car, iam guessing she is not insured on your car. You should have drove.. It is a 50/50 draw. You allowed a friend to drive your car who then had an accident. That makes you libel for half the damages. She is libel due to being an irresponsible driver. She could have taken better precautions and a better look as to not hit a pole. They are big and pretty hard to miss. So you are both equally responsible. Now your friend is trying to shift blame for her carelessness. If she wants to sue the company for a pole being in the way, more power to her. But i am also betting there is a sign warning of the pole. If not, you may want to tell the place of business to erect one.

Answer 3

With no-fault your insurance company has to pay for the damages except for the $500 dedc.

WITH NO DOUBT --> The driver of the car should pay because it was their fault.

But if they choose not to, it is more hassle than $500 is worth to make them pay.

Some people simply are not mature enough to understand or take responsibility for their actions. If this person is a friend and treats you like this, then this person is no friend and you may want to consider not being friends with them.

The only exception to any of this is is they are truly sorry and simply not able to pay due to their financial situation. If this is the case you may want to consider giving them a break. If this is not the case, then all of the above applies.

Sorry this has happened to you. Good luck!

Answer 4

The policy follows the vehicle so that's correct for your company to cover the damage, but the accident will be on your friends driving record. She should reimburse you for all of your $500 ded and pay for your car rental while your vehicle is in the shop if you don't have car rental on your policy.

As for going after Taco Bell, it sounds like they were not negligent so it would be an uphill battle. If you friend was on the wrong side of the road then she's negligent.

Don't be surprised if you're company raises your premium at your next renewal.

Answer 5

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.

Answer 6

I believe she should only pay part of the deductible. Since you let her drive your car she is only responsible for part of the deductible not the whole thing.

She was driving on the wrong side of a one way street and it's her fault she hit that pole not Taco Bell's so you should not go after Taco Bell for that pole being there.

No, She is not responsible for the whole $500, however she should pay part of it which would be $250.

Thank you for your time.
pintorider

Answer 7

Since she was driving you might want to consider making the claim against HER insurance company.

At the very least she should be responsible for the deductible on your insurance.

As far as the pole is concerned YOU are liable for any damage your car may have caused the pole. Meaning Taco Bell could sue you for any costs incurred while repairing the pole.

Answer 8

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Answer 9

She drove it into the pole. It's fair that she pay for her negligence......UNLESS there is another ingredient to the equation, such as you provided an unnecessary and unsafe distraction to her (like handing her a cell phone or poking her or playing around with her at the time), or you were guiding her backing mover by giving her directions, or some similar added thing that in her mind, she feels that you should share responsibility.

Answer 10

She's responsible because she was the one driving the car. If you or your insurance company wanted to you could sue her. However, your insurance company can still go after her insurance company to pay for the damages.