I totaled a friends car about a year ago. Needless to say we're no longer friends. the car was worth only 8k dollars but has an outstanding loan of nearly 10k. Unfortunately it had no collision insurrance. I had asked him a number of times whether the car was fully insured and he always insisted that it had everthing it needed. Dont cars with loans on them need collision? Illinois Here. Anyway what are my obligations, he's threatening small claims court because im not willing to pay for it. He hasnt told the loan company about the accident and the car was sold to a junkyard right after the accident.
His liability took care of the damage to the other car but since there was no collission i guess he's **** out of luck on his end.
2007-01-21 09:35:56 · 14 answers · asked by HD Man 1 in Politics & Government ➔ Law & Ethics
This happened to my son in Wisconsin. The car owner took him to small claims court. My son did not have to pay a dime as the judge said the guy should have had collision if he expected to have his car paid for. And that the guy should be more careful about loaning out his car.
2007-01-22 00:21:42 · answer #1 · answered by Molly 6 · 0⤊ 0⤋
I think a judge would hold you liable for the value of the property you destroyed. Remember, even if he had total coverage it may not have covered someone else driving the vehicle. AND, if he did have collision, the insurance company would already be suing you for what they were out of pocket, guaranteed.
Your car insurance (if you had any) might cover it. If not, you're on the hook. You're right, most lien holders require full coverage to cover their outlay, but there are a lot of people who's insurance isn't correct. What he had or didn't have doesn't forgive the damage you did.
2007-01-21 09:44:19 · answer #2 · answered by Anonymous · 1⤊ 0⤋
If YOU totalled the car, then YOU are responsible. How he got away without getting full coverage for a car he owed 10,000 dollars is beyond me. It was obviously NOT fully insured, and you are correct that he needed both liability AND collisions...full coverage.
While HE has a legal obligation to pay because it was HIS car, YOU have a MORAL, and probably a LEGAL obligation, because YOU wrecked it.
2007-01-21 09:46:33 · answer #3 · answered by vamedic4 5 · 1⤊ 0⤋
The insurance card is suppose to be inside the car so you should of known by looking. Probably about 5,000 is all he can sue you for in small claims court. You will probably lose in Court.
Remember for yourself that if you cant pay for a car in 3 years then you cant afford it
Maybe he is trying to collect twice so wait until he takes you to court but you do owe something
2007-01-21 09:49:06 · answer #4 · answered by Anonymous · 0⤊ 0⤋
What are your obligations? None. There isn't any law that I aware of the obligates you to pay for the car you totaled. When your former friend sues you then you will be obligated to pay and will be **** out of luck on you end.
But as you asked your question in the Law & Ethics section the answer to your question is yes, you are ethically responsible need to pay him the amount of his outstanding loan.
Also, he isn't required to tell his loan company. As long as he keeps making the required payments they will be happy.
2007-01-21 10:01:55 · answer #5 · answered by iraq51 7 · 0⤊ 0⤋
His only recourse is to take you to court to recoup his losses. Your friend was nice enough to let you use his car. You should make good on the money owed. If not, then he should get a lawyer to sue you and your insurance company for the loss and a new car. That's what I would do.
2007-01-21 09:51:44 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You owe him the money that was due on his loan. He should take you to court and ask that you pay legal fees in addition to the remaining loan amount and the replacement vehicle.
2007-01-21 09:42:50 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Problems Big Time.
2007-01-21 09:39:47 · answer #8 · answered by robert m 7 · 1⤊ 0⤋
You are liable for the damage and whats left on the car. You wrecked it, you pay for it.
2007-01-21 10:57:42 · answer #9 · answered by Anonymous · 0⤊ 0⤋
well I know imn the state of california, if your financing a car you MUST fave full coverage, or else they wont let you take it off the lot...... how ever if he dropped the insurance for any reason, non payment,too many point on your driver record....ect then yes hes *** out,,,,,
2007-01-21 09:47:18 · answer #10 · answered by filipina_n_blk_princess 2 · 0⤊ 1⤋