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My insurance will not cover the damages, who pays for damages.

2007-03-12 05:22:55 · 20 answers · asked by datyren1 1 in Cars & Transportation Insurance & Registration

20 answers

go see judge judy

2007-03-12 05:28:28 · answer #1 · answered by bayareart1 6 · 0 0

Quite a complex question really. First of all was he insured under your insurance to drive it? If not, did you advise him before he drove it and asked if he had his own insurance? If so, can you prove that? The simple answer (if there is such) is that it is your car and so the repairs are your responsibility but if your friend had indicated that he had other insurance and you were satisfied with his reply then he is liable. Was there a third party involved? The position here is complicated and the only answer is to contact a lawyer. Expensive though lawyers are the outcome (especially if someone was injured in the other car) could be horrendously expensive although possibly covered by the State scheme.

Morally, if your friend didn't know he wasn't insured, he is liable but does your friendship go that far? Most friendships stop when money is involved. But legally the problem is yours. Furthermore, there could be a prosecution if he believed he was insured by you and wasn't.

I suggest, if there was a third party involved, that you contact someone for advice. If not, you may have an ex friend if he doesn't want to pay because you can't force him.

2007-03-12 12:53:18 · answer #2 · answered by lynxd67 2 · 0 1

Many policies would cover this type of situation if you gave your friend permission. Some policies cover only drivers listed on the policy. You don't really say why your claim was denied.

You are ultimately responsible because the car is in your name, however, your friend morally should step up and pay damages. If your friend won't, you need a new friend.

2007-03-12 15:48:55 · answer #3 · answered by mei-lin 5 · 0 0

Oklatom is right, but we need more information to give an accurate answer.
Whose fault was the accident?-If it was the other driver's their insurance should cover your damages.

Was the other car damaged or driver hurt?-If it was your friend's fault, your insurance and his should cover this.

Do you have Collision coverage?-Again, if you have this coverage, and it was your friends fault, then this will cover your damages. If not, which it sounds like you don't, then you are held responsible for your car. If he's willing to help with the repair costs then great, but ultimately your the one that allowed him to drive your car.

2007-03-12 14:56:47 · answer #4 · answered by Nate W 5 · 0 0

Interesting choice of words after the fact. "My friend used my car..." instead of the truth, "I loaned my car to a friend..."

Anyone driving your vehicle with your permission is covered under your insurance. Since your insurance has said no to covering damages, that tells me you didn't have collision coverage, and it was your friend's fault.

So, you pay if you want your car fixed. You can ask your friend to pay you back, and probably have an ex-friend as a result--unless that has already happened.

You can take friend to small claims to get it back if you are so moved. That's assuming he or she has any assets.

2007-03-12 13:18:11 · answer #5 · answered by oklatom 7 · 1 0

If your car is insured, I'd think that your insurance company would pay for it, if your friend was at fault.

I was in an accident last year. The other driver was at fault and she was driving someone else's car. The owner's insurance wound up paying for repairs to my van.

2007-03-12 12:40:13 · answer #6 · answered by ? 6 · 0 0

If your insurance doesnt cover it does your friends? I mean with my insurance I am insured to drive any other car with the owners persmission otherwise your friend should pay for it out of his/her own pocket you were good enough to lend it to them in the first place. This happened to my parents they lent a friend's son their car and he wrote it off so his parents bought the car from parents which was fair enough.

2007-03-12 12:34:31 · answer #7 · answered by bez 4 · 0 0

You are responsible for your own vehicle. However, if you want your friend to pay and they wont, you can take them to small claims (if it is under a certain dollar amount). You can also ask if your friend has coverage for things they drive, you may be able to turn it in on their policy. It just depends on how they are written. Its still worth trying.

Question? Was there a police report filed? That would give an accurate account of who was driving, therefore giving you plenty of ammunition for a case.

2007-03-12 12:31:54 · answer #8 · answered by April M 3 · 0 0

Your friends insurance will pay for damages they caused to any third party. As long as their insurance covers them for the use of other peoples vehicles.

This means that they were not covered for any damage they caused to you car.

2007-03-12 12:31:12 · answer #9 · answered by Anonymous · 0 2

if your friend uses your car then it is hid responsibility to return it to you in the same condition in which he borrowed it. The onus is on him to repair the damage or (if it was the other car's fault) pursue the insurance company for the money. You should not have to do anything at all.

2007-03-12 12:31:19 · answer #10 · answered by Jason O 3 · 1 0

The friends insurance should cover the damages...

2007-03-12 12:30:51 · answer #11 · answered by Anonymous · 0 2

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