My friend crashed my car and was charged for it but She is now trying to blame me for it. what should i do?

Question

coming back from a trip to ATL she was driving and I was in front passanger there was also three others in the back seat including a one year old baby. we were all asleep while she was driving and then she yelled"oh no" when i opened my eyes she begain to swerve across the highway she was going very fast and overcorrecting herself too much i tried to grab the wheel but it was too late and we begain to roll. the car flipped three times before landing upside down. noone was seriously hurt. she was charged w/ reckless drviing but now she is sayin that somethin is wrong w/ my car and that is y she lost control but all the signs keep pointing to her falling asleep @ the whee.l I am sure that there is nothing wrong with my car and i do know a little about cars and her story did not make any sense. but she has show no concern for anyone, only for her ticket which she is taking me to court. she has not offered any help to me what so ever and does not care that i have no car now.

I didn't grab the wheel i was going to because she was snapping the wheel back in forthand i knew what the result of that would be but before i could grab it we started to flip so i never got the chance to grab it.

Answer 1

You are the defendant and she has the burden of proving that there was something wrong with your car, not the other way around.

Quite frankly, she'd have a better case if she focused on you trying to grab the wheel.

In any case, from what detail you've given, she's got to present some pretty convincing evidence to get this overturned.

Answer 2

my advice to you is get a good lawyer. Although you weren't driving the car, as the registered owner of the vehicle you are still responsible. You are also responsible for the actions of the driver too.

Most states have laws like these, so be prepared! In court your friend may say that by YOU grabbing the wheel was a contributing factor in the accident.

Look on the bright side at least nobody was seriously hurt.

Answer 3

If police enforcement arrived they made a report that is why she was cited. Did anyone do a accident report (like where the car was, where it ended up, etc) They should have measurements. I would say your so called friend is terrified of being sued. Anyone in the car can sue her. Especially if a doctor or chiropractor finds evidence of neck damage. Be safe: have a certified mechanic look over the car and write up a report. You can use that in court. If you tell her you aren't the only person who can be sued-she may back off.

Answer 4

It should be easy enough to to prove whether or not something is wrong with your car. A mechanic could look it over and certify that. Also, if she was already charged for it, it will be very hard for her to get out of it. I'm sure whoever gave her the ticket in the first place had to consider all of the evidence at the time.

Answer 5

Bad move on your part to grab the wheel.

As the car owner you should not have permitted anyone to drive if the team was that tired.

Without a sleeper berth the team is negligent where the team leader would assume ownership of the car.

Its a stretch but that is my guess in this case study.

The link below illustrates this point entirely, whether it will spill over to the general public I don't know...

Answer 6

i might think of that the the two events gained a cost ticket. occasion A for making an unlawful left turn, and not yielding to on-coming site visitors. occasion B for dashing if relatively they have been. dealing with a yellow easy isn't a site visitors offense. occasion B dies, Manslaughter expenditures in 2 or third degree or reckless homicide with a motor vehicle, against occasion A. occasion A is going to court docket and is CONVICTED, regardless of expenditures she is convicted of will stay along with her -perpetually. Even is she get off without penal complex time and probation each and every thing will count on the what she is charged with, how back up the courts are, the defender and prosecutor, witnesses, her previous site visitors history( Speedinig, DWI, and so on)...

Answer 7

Your ex-friend is now an advasary
do not capitulate -- stand firm !!
If you did not have replacement insurance
on your vehicle-- now would be a good time
to serve HER with a bill for the cost of a car
She's the one with the ticket in her hand AND
the one that has choosen to become a foe
just as well that she feels the FULL weight of
that choice !! Get a lawyer and sue her for a car now !!!

Answer 8

I wouldn't stress about it.She was the one driving and she needs to pay the ticket.As for you not having a car she should be paying at least half of the damages.Make sure you file a countersuit against her before you go to court.The court will say that she as at least half if not fully responsible for the damages.Make sure you bring the police report and information for your insurance agency saying how much they cover and an estimate from an auto body about the damages.GOOD LUCK!!

Answer 9

First off I wouldn't call her a friend. She is the one who lost control of the car because she was driving. She has to prove that it was your car that was in the wrong. She can't just make baseless accusations. As far as the wrecked car, you need to handle that with your insurance company and learn from this. Don't let anyone else drive your car.

Answer 10

You are responsible for your car, who you let drive it and to make sure the person who you let drive it has a license insurance and is of good mind and body, in other words no medications that would impare driving, the person to the best of your knowledge does not use alcohol or drugs.