I was driving a friend's car, hit by another vehicle, then learned my friend's husband had (accidentally, I assure you) failed to pay the auto insurance bill. As the uninsured driver, I am liable for the damage to both cars by CA law. I had no reason to suspect that I was driving an uninsured vehicle and would not have done so had I been aware of the situation. My friend is paying for the damage to her car (minor- the bumper had been ripped up, but no body work needed), and I was sent a bill for the damage to the other (considerably worse). I certainly don't have the money for this, but the other driver's insurance won't pay for it, nor will my friend (I'm only slightly bitter considering I'm broke, she's loaded, and I was doing her a favor when this happened. Meh). Anyway, am I legally responsible for this? The accident wasn't my fault and I didn't know I was driving uninsured.
2006-11-29 14:23:32 · 10 answers · asked by Minou 1 in Cars & Transportation ➔ Insurance & Registration
I was driving a friend's car, hit by another vehicle, then learned my friend's husband had (accidentally, I assure you) failed to pay the auto insurance bill. As the uninsured driver, I am liable for the damage to both cars by CA law. I had no reason to suspect that I was driving an uninsured vehicle and would not have done so had I been aware of the situation. My friend is paying for the damage to her car (minor- the bumper had been ripped up, but no body work needed), and I was sent a bill for the damage to the other (considerably worse). I certainly don't have the money for this, but the other driver's insurance won't pay for it, nor will my friend (I'm only slightly bitter considering I'm broke, she's loaded, and I was doing her a favor when this happened. Meh). Anyway, am I legally responsible for this? The accident wasn't my fault and I didn't know I was driving uninsured. Also, I don't have a car and so have no insurance of my own. No police were involved.
2006-11-30 07:35:37 · update #1
Blech. Thank you for your responses. To clarify, no police were involved, so nobody has been found legally at fault as of yet, however the other driver was going twice the speed limit and rear ended me because she didn't see a stop sign I had paused at. I don't doubt that she is at fault and believe her insurance should pay. I don't have a car and therefore don't have insurance, so that rules that out.
2006-11-30 07:41:39 · update #2
Are you sure the accident wasn't your fault? If you can prove this then tell the other party to pi$$ up a rope. They may sue you, but big deal. The result will be that a judge will order you to pay if he thinks you are the cause of the loss. Here's another wrinkle you need to investigate: most companies will extend coverage even after the policy has lapsed if the policy holder pays the premium. It is entirely up to them if they cover a loss while the policy is not in force but it has happened and is worth a try. Also -- if YOU have a car with a policy in force it will extend to an uninsured vehicle you are driving. While you're at it, read up on that law you talked about. I'm not up to speed on CA insurance law but you may be wrong about being at fault simply because you have no insurance.
2006-11-29 16:23:33 · answer #1 · answered by Anonymous · 1⤊ 0⤋
I have NOT lived in CA for years. I am NOT an attorney in any state. ... but here is a _small_ ray of hope. In many states, you can pay the insurance within ten days of the policy expiration and still require the insurance company to honor the policy. I know of a few cases where that in fact did happen in Nebraska.
i.e. John was in accident. The policy lapsed, but was within 10 days. John scraped up the money and paid the insurance agent. John was honest and reported the accident at the same time. John's lapsed policy was held to the policy coverage.
Consult your friend's insurance agent ASAP.
If you have insurance on your own car AND your friend's policy does not come to your rescue, then your policy comes into play in most states.
IF you can prove it to be the fault of the other driver, then you may be able to save some money. The problem becomes your ability to prove it and the cost of an attorney to deal with the problem can exceed the cost of their claim.
Regardless of you funds, get an attorney to review anything you are asked to sign.
2006-11-29 16:13:58 · answer #2 · answered by Jeff H 5 · 0⤊ 0⤋
I feel so bad for you!! That is just terrible. Don't blame yourself for not asking your friend for proof that her insurance payments are up to date. I don't think I would have either...and if people are honest, they would not have either. If your friend is loaded as you say, and you were doing a favor for her (I assume running some kind of errand for her when this happened), then she really should pay. It's not your fault that she didn't pay her insurance bill, and if she is well off, why would you even think that she hadn't. If it was me, I would have an honest talk with her and simply tell her that she needs to do the right thing here. To expect you to pay this, is ridiculous on her behalf. I'm so sorry, I don't know California law, but if she refuses to pay, can you take her to small claims court for the money?
I just feel so bad for you. I can just imagine how horrible you feel right now, with no money and this bill over your head. PLEASE, go to your "friend" and don't give up until she agrees to pay.
Best of luck okay. I'll be rootin' for ya'.
2006-11-29 14:40:07 · answer #3 · answered by Goddess Kitty 3 · 0⤊ 1⤋
Oh waaah. I was driving a car I borrowed and caused a bunch of damage to someone elses car by hitting the car, but it isn't my fault because I didn't know my friend didn't pay his insurance bill?
Oh please. If your friend DID have insurance, why should she be stuck for the full bill because you were stupid? What favor was it you were doing? Besides damaging her car?
If the accident were not your fault, it wouldn't matter what your insurance status was, if you are being told to pay, you were found at fault. What does the police report say about it, and who is to blame according to that?
If indeed the other person was to blame, they would owe your friend for her damages.
2006-11-29 15:31:39 · answer #4 · answered by oklatom 7 · 0⤊ 1⤋
California law says that you must be insured to drive.. The driver that is determined to be at fault is responsible to pay.. insured or not... sometimes the fault is divided depending on the circumstances .. You are as the driver liable for any damage or injury you cause..and I guess you got a ticket of some kind for driving illegally without insurance on top of that.
2006-11-29 14:25:15 · answer #5 · answered by the_buccaru 5 · 0⤊ 2⤋
I am not sure about CA, but I know in TX you may want to contact the insurance agency or have your friend do it, and ask them if they have a break for those things. I was involved in an accident w/out insurance coverage they day after my insurance expired, and my insurance company still honored my policy. You may want them to check.
2006-11-29 14:34:29 · answer #6 · answered by houstonmom77064 3 · 0⤊ 0⤋
Actually, do you have insurance on your own car? Under these circumstances you can use your own insurance to cover it even though the car was not yours. If not just claim default and the insurance will take care of itself.
2006-11-29 14:27:22 · answer #7 · answered by John C 2 · 0⤊ 0⤋
What you would need to do is pay what the other driver provides bills for, then sue your friend for that amount in small claims court. Keep ALL proof, and you will win.
2006-11-29 14:32:38 · answer #8 · answered by bosslady508 3 · 0⤊ 0⤋
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2016-05-23 03:54:08 · answer #9 · answered by Anonymous · 0⤊ 0⤋
pay up .there is never an excuse for not paying insurance
2006-11-29 14:25:55 · answer #10 · answered by xlhdrider 4 · 0⤊ 3⤋