My dad gave me a his car! I got into a car accident last week beacuse the breaks were bad and I slid into a ladies back. Later on in the week i found out he had no car insurance since JUNE! The lady is threatening to take me to small claims court for the money but I had no idea the car had no insurance so this isn't my fault. and there is talk of taking my licence from me since I was driving an uninsured car. Does anyone know what I'm supposed to do and can give me some legal advice? Thanks!
2007-01-31 01:21:05 · 10 answers · asked by tweetstuff27 1 in Cars & Transportation ➔ Insurance & Registration
Only a lawyer can give you legal advice. And none would give any over a public forum.
My personal advice is you are ****ed. You are supposed to make sure that the car is insured before you drive it. You are supposed to have the proof of insurance and title/reg in the car, along with your driver's license. You failed to do that, and now you'll pay for it. That fact that you didn't know that it wasn't insured is no excuse, since as driver, you are supposed to make sure it IS insured.
Sell the car to pay the lady's damage, and start riding public transit.
2007-01-31 01:37:32 · answer #1 · answered by Kasey C 7 · 0⤊ 0⤋
Well, here's the deal. Initially, she has every legal right to come after the driver of the vehicle. You were the operator; the fact that the brakes were not operating properly should have kept you from driving it in the first place. Even if you slid in bad weather/poor conditions, you should have been following at a safe enough distance to avoid the collision. You are 100% at fault. In some states, if the driver doesn't pay, she can also come after the owner. Are you willing to let someone sue your father?
It's strange she wants to take you to small claims court vs. have her insurance come after you. This probably means she doesn't want to pay her deductible. It is true that your license can be revoked if you do not arrange to repay. If you agree to a payment arrangement, and pay it, you'll be fine. Also, whatever vehicle you usually drive should have insurance or the DMV may pull it, anyway.
Small claims court will involve a judgement being made against you and an order of restitution. There will be a public defender on her side who will prepare a case that she will win.
Honestly, I would ask her to take it to a mechanic and get you a quote, and just pay it. You would be very surprised how much what appears to be minor damage can cost.
The very best of luck to you---if you need further details email me, and I'll be happy to help you as best as I can.
2007-01-31 02:06:55 · answer #2 · answered by Hoorayforthat 3 · 0⤊ 0⤋
If you were the registered owner of the vehicle at the time of the accident, then all the responsibility lands on you. You should never have gotten behind the wheel without an insurance card in your purse.
If you are under 18 years of age, living at home, then your dad should still incur the legal responsibility for your actions.
As far as your statement that it "isn't your fault", if you're old enough to drive, you're old enough to know what the laws are governing you doing so. Most "rear-end" accidents are deemed to be the fault of the person doing the read ending! It is also your lawful responsibility not to be driving a vehicle with faulty parts, such as the bad breaks.
Looks like you're going to learn this lesson the hard way! Sorry, but maybe you'll take the lesson to heart. Life takes responsibility, it doesn't just happen by magic!
2007-01-31 01:46:36 · answer #3 · answered by moosviews4u 3 · 0⤊ 0⤋
Why would you think it isn't your fault? Who was driving? Who had an accident and caused someone to have a monetary loss?
Insurance goes with the car. When you borrow a car, it's on you to make sure there is 1. insurance and 2. the car is in good mechanical shape. Obviously you did neither.
Advice? Sure, but I doubt you will like it. Find out what her losses were, do whatever you have to do to get that much money, and PAY HER.
Then go to court on your ticket, tell them you made her whole (be sure you get a receipt to show them) and pray they won't take your license away or require you to file an SR 22 for the next 3 years.
2007-01-31 01:43:04 · answer #4 · answered by oklatom 7 · 0⤊ 0⤋
Unfortunately ignorance does not equal innocence. As the Driver of a motor vehicle it is YOUR responsiblity to ensure the vehicle you are driving has insurance and is properly registered, whether you own it or not. Sucks to learn like this but get in contact with a lawyer, some areas have an uninsured motorist fund that will "loan" you the money for the claim (ie. they will pay it but you pay them back).
Also, be prepared for a hit on the ol' insurance rating if you were charged with operating a motor vehicle without insurance.
Good luck
2007-01-31 06:37:39 · answer #5 · answered by RB 2 · 0⤊ 0⤋
There is nothing you can do except go get insurance pay your fines and try not to do it again...ur father should have told you that it didnt have insurance...but in this case they are not going to say ok we forgive you because your father didnt tell you. when you are a driver you are solely responsible for what happens to you and that vehicle while you are behind the wheel....looks like you are going to have to tgake the fall but remember next time when someone lets you borrow/gives you a car....you make sure you ask them to see the insurance policy and the registration...very sorry for what you are going through in all reality it is not your fault but in the laws eyes your screwed...sorry dear
2007-01-31 01:31:26 · answer #6 · answered by LUCKYGIRL 3 · 0⤊ 0⤋
"...it had no insurance" sounds a bit specious and self serving, wouldn't you agree? First, may we clear up the possible convenient self deceptions?
Your father either lent you the car to drive (in which case he stands liable--but hopefully you will arrange with him some payments as the one ostensibly at fault).
Or he gave (donated) the car for you to own, in which case, having obtained a driver license, you were taught the financial responsibility requirements (for providing bond or obtaining insurance) as a condition of driving and registering a vehicle. Legally speaking, your father can neither be accused nor accept liability for your failure to insure or for your failure to control the car (ice not); unless you are a minor child.
One hopes that your story refers not to a lady's back but to her car's rear end. In either event, your best bet is (1) Offer sincere apology to her, asking what you can do to help her with any problem arising from any injury or inconvenience (eventually she might be willing to afford you some damages forgiveness if you are lucky); (2) Try to obtain from her a payment arrangement...one you must stick to in good faith even if it means selling your car and walking or using alternative transportation. (3) Attempt to arrange a loan, by yourself, from your father, or with help from you father. Finally, if you do go to court, any uninsured motorist coverage she has can and should apply to offset money that you owe her. She might balk at that, claiming her premium rates could be affected. Assuage such a concern by offering her reimbursement of her premium surcharges. You are in a difficult spot but that, too, will pass.
2013-12-10 08:34:56 · answer #7 · answered by Peter 6 · 0⤊ 0⤋
What approximately YOUR coverage? i understand in MD you're able to have coverage once you're a motive force...i dont understand what state you're in, in line with threat that's the vehicle that desires ins and not the motive force, yet thats no longer how that's right here...communicate on your mum and dad approximately your coverage, in line with threat you're lined and not are conscious of it...the only different suggestion i'm going to offer you is to take this as a lesson discovered and continually ask next time, pal, relative or stranger, if the vehicle is insured...
2016-11-23 17:12:01 · answer #8 · answered by ? 4 · 0⤊ 0⤋
HELP! My father gave me his car to drive and it had no insurance!?
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2014-07-01 19:14:41 · answer #9 · answered by Anonymous · 0⤊ 0⤋
It seems that you might be in trouble,
it might be hard when you go to court telling
the judge you didn't know you didn't have insurance...
that's going to sound irresponsible to the judge.....
that was nice your father gave you a car
but he should have told you about the insurance
and/or you should have took responsibility to make
sure you had it before you started driving it......
just telling it like it is
2007-01-31 01:35:00 · answer #10 · answered by Storm 2 · 0⤊ 0⤋