My boyfrind was driving my car , my insurance did not cover him , I had crappy insurance. A van darted in my boyfriends lane then breaked it my boyfrind hit him , He said it didnt do anything to the van .My boyfriend got a ticket for carless driving, so he is considered to be fault. Okay the driver of the van loaned his car to a non lisensce illegal imigrant, How know this is i just got the police report , I got a letter saying we were being sued for 21 hundred dollars, I called her and said it was b.s , the driver was non licsensed and he shouldnt have been driving, she said it didnt matter because he wasnt in fault. Lawfull can we get out of this because he didnt have a licsene, he shouldnt have been driving.
2006-12-05 18:23:22 · 10 answers · asked by Diane26 3 in Cars & Transportation ➔ Insurance & Registration
That is not a defense. That's not the issue. Negligence doesn't go away because you hit someone who didn't have a license. Are you being sued, or are they just right now initially asking for the $ back? Why are you responsible? You are not the driver. The driver is the one who is at fault- not you, and that is a defense you would normally prevail on in court. If they're saying you negligently entrusted the vehicle to your bf they will have to prove that you knew he was a bad driver, etc. and should not be driving.
Does your boyfriend have insurance? If so, why not turn it over to them? If not, he owes this,not you.
2006-12-06 11:00:43 · answer #1 · answered by Chris 5 · 0⤊ 0⤋
If you look at this the same from all side, your boyfriend shouldn't have been driving either. He was uninsured.
But all things aside, I don't think we have all the info. The other vehicles insurance wouldn't have covered the accident if he were unlicensed. Maybe he has an international license or one for another country. Some states don't except foreign documents however insurance companies would. According to the driver hand book from most states, you are responsible for your own front end. I hate to tell you this but as the owner of the vehicle you are responsible to make sure that your vehicle is covered, even if your not the driver. Your friend needs to just hope his license doesn't get suspended for being uninsured. If the insurance company gets a judgment against you for the money then your license can be suspended too. Unfortunately your up the creak without a paddle and the currents really strong. Good luck with the out come.
2006-12-05 18:41:57 · answer #2 · answered by brandiwine72 3 · 0⤊ 0⤋
I don't normally say this but, you need a lawyer.
I want to point out one thing though...you mention how the immigrant shouldn't have been driving because he wasn't licensed. What is your reasoning behind letting your bf drive your car, especially seeing as he isn't covered on your so-called "crappy" insurance?
Moral of the story? Don't let other people drive your car unless you're prepared to deal with the issues that can come along with that.
Always remember: Tickets follow the driver, damages follow the car.
2006-12-06 08:51:47 · answer #3 · answered by Beth 4 · 0⤊ 0⤋
Absolutely not- you cannot get out of paying damages if you are the at fault party. (well atleast in most states- and it seems clear yours is one of them) Him being an "illegal immigrant without a license" has NOTHING to do with the fact that your boyfriend was at fault for an accident and damages were incurred.
If you are going to take responsibility for being on the road and put yourself in the situation where you arent insured and you take the risk driving- why are you trying to get out of paying the damages you rightfully owe?
Does your boyfriend have insurance of his own? If your insurance will not cover your vehicle there is a chance his will (but i think i have a good feeling he does not have insurance.)
Suck it up- you made a mistake- pay for it.
2006-12-06 01:48:10 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You are under law responsible for your vehicle and asking for proof of liceance of anyone that may drive it. Hense your insurance does not cover a non licenced driver, plus any rear end accident is auntomatically considered the hitting parties fault. Sorry your only resort is to sue your BF for the money you will have to pay the insurance company.
2006-12-05 18:32:58 · answer #5 · answered by notAminiVANmama 6 · 0⤊ 0⤋
I was an attorney for 18 years....
The issue here is the amount of negligence on the parties. Whether someone should or should not have been driving is not the issue... The issue is who was to blame for the accident - who was more careless, etc.
With regard to the "ticket," that has no bearing. This is merely the opinion of a cop who was taking information from people. He/she did not see the accident itself. IF (and I stress IF) it happened like your boyfriend says, it sounds like the other guy was to fault....
HOWEVER...... things are not always as they seem. Your boyfriend may not be, uh, that is.......... telling the whole truth.
2006-12-05 18:35:46 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Legally speaking, the other driver not having a license is a all to gather different offense. It does not negate the fault that is alleged in the case against your boyfriend. My suggestion would be to settle outside court or to pay the $2100.
2006-12-05 18:27:25 · answer #7 · answered by Anonymous · 1⤊ 0⤋
I was in a similar situation, and the ins. company should have called you and asked you if you gave permission for your boyfriend to drive the car. Because the guy that hit me lent his car to his brother and his ins. was crappy too. His ins. called him and asked if he gave permission for his brother to drive his car he said yes then his ins. So his ins. covered the accident after that. hope this helps.
2006-12-05 22:13:47 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Sounds like nobody should have been driving- have boyfriend pay up- he was driving- you could countersue and probably loose- it would be best to pay- and learn a life lesson and be glad no one was seriously injured or killed-D
2006-12-05 18:29:59 · answer #9 · answered by Debby B 6 · 1⤊ 0⤋
Sounds like you need a lawyer.
2006-12-05 18:25:28 · answer #10 · answered by Bwilkerson 4 · 0⤊ 2⤋