Someone borrowed my car and wound up in an accident that was their fault. I have asked that person to share in the responsibilty by paying the deductible. Due to another accident on my insurance, my premiums are going to be going up ($1,200.00) over a three year period. Do you feel its fair for me to expect that person to cover my extra charges or that there is any legal there that I would win in small claims court? I live in IL.
2007-03-21 15:07:41 · 10 answers · asked by deborah0329 1 in Politics & Government ➔ Law & Ethics
In answer to the last two posts about having the driver of my vehicle's insurance pay the damage.....I don't know how it is in other states, but in IL the insurance follows the vehicle first then the driver so it would definitely be on my insurance first.
2007-03-23 16:34:24 · update #1
Actually, why don't you get the person who borrowed your car to have thier auto insurance pay for the damages?
If you let someone drive your car who did not have auto insurance, you deserve to pay more.
That was really not to smart.
2007-03-21 15:28:01 · answer #1 · answered by jeeper_peeper321 7 · 2⤊ 0⤋
yes, you can sue them. You can sue anyone for anything. That does not mean you will win. Without the facts of the case in hand, it is impossible to know what the chances are of a successful suit. It is unlikely you will be able to find an attorney to take the case on a contingency, based on what you have stated. That means you would probably be asked to pay a large sum of money to the attorney before the case would even be filed, and you would be responsible for all the expenses, even if you lost the suit. Most attorneys will offer you a free consultation to discuss a case like this, and will either tell you it has no merit, offer to file the case on your behalf with a prepayment on your part, or offer to file the case on a contingency basis. When they accept a case on a contingency basis, they usually take one third to one half of any settlement as their fee. Small claims court is an option, I suppose, but I have used them in the past, gotten lots of judgements, but very little money. Enforcing a small claims court judgement can be very difficult. You cannot get blood from a turnip, and a lot of people that end up as defendants in small claims court are just that, bloodless turnips, who fail to meet the minimum financial and moral obligations of being human. LOL!
2007-03-21 22:24:29 · answer #2 · answered by jpturboprop 7 · 0⤊ 0⤋
No, it is not fair for you to expect them to pay part of your premiums, they are your responsibility and you accepted the risk when you lent them your car.
The only thing you would be eligible to sue for would be actual damages to your car; as insurance paid for everything but the deductible, would be the deductible and you could sue for that in Small Claims Court without a lawyer.
2007-03-21 22:23:53 · answer #3 · answered by bottleblondemama 7 · 0⤊ 0⤋
Your the car owner and your name on the Title. Anyone driving your vehicle , depends on your insurance to protect them. When an accident happens, it is your Responsiblitly, not another driver in your Vehicle. UNLESS, the driver in your vehicle was careless and neglectful, you might win in a small claims court. If the driver recieved a violation in regards to the accident, you might win .
2007-03-21 22:19:26 · answer #4 · answered by Norskeyenta 6 · 0⤊ 0⤋
I'm a lawyer and live in Illinois. Here's my answer: You can try. Do they have a lot of assets and money? If not, you'd waste more time hiring a lawyer than you'd get back. In fact, you might lose money if you don't get a lawyer to take your case on contingency.
My advice ... next time, don't lend out your car. Life isn't fair, and we don't always get compensated. We've all felt your pain one time or another ...
2007-03-21 22:15:28 · answer #5 · answered by Apachecat 3 · 4⤊ 0⤋
No, you can't. You assumed that risk when you allowed them to use your car. You can sue them for damages (any out of pocket cost to you for the repairs and possibly for a rental car), but that's all you'll get. You won't win.
2007-03-21 22:17:33 · answer #6 · answered by cyanne2ak 7 · 0⤊ 0⤋
Jeeper_peepers is right. If the other person was driving your car, their insurance should be paying for this, not yours. If they didn't have insurance, you'll just have to call it an "I was dumb" penalty and eat the cost yourself.
2007-03-21 22:48:02 · answer #7 · answered by retired military wife 5 · 0⤊ 0⤋
First answer gets it. If you did try to sue them, the judge would look right at you and say "well, you're the one that let them take your car, you didn't have to", and dismiss the case.
2007-03-21 22:17:02 · answer #8 · answered by Anonymous · 2⤊ 0⤋
No, you let them borrow your car and your should have your insurance cover your car should anyone else drive it. This was your responsibility.
2007-03-21 22:12:16 · answer #9 · answered by CC 6 · 4⤊ 0⤋
If you agreed to loan the car you have to bear any burdens.
2007-03-21 22:16:00 · answer #10 · answered by ncgirl 6 · 2⤊ 0⤋