my boyfriend was picking me up from work and he had an accident... i had to give the other party my insurance for which i wasnt covered because i hadn't paid the bill that month. so the other party filed a claim against me, but i wasnt the driver. my boyfriend assured me that he would pay for the accident and try and get the claim against him instead... but who is liable? is it me because it was my car? or my boyfriend because he was the driver... no police report was taken.
2007-04-23 08:47:22 · 6 answers · asked by britt333 1 in Cars & Transportation ➔ Insurance & Registration
Well there are a lot of possibilities here.. since you didn't mention your state I will base this on California since it has the same guidelines as many others.. You also didn't expand on the extent of the damages but lets assume that they are under $10k.. if over that amount go directly to the end paragraphs...
1) In California,, the VEHICLE must be insured to be Registered. It must be registered to be on the road.
2) The DRIVER, however has the responsibility for the accident since, obviously, the Owner has no way of controlling what he has done.
3) You didn't say, but I am assunming that he doesn't have any insurance either.
Having said that, you are partially at fault for putting a vehicle on the road without insurance, so, when push comes to shove, the owners of the other car can go after either or both of you since, in effect, you both contributed to the accident.
This is going to sound really cold, but to protect your butt, you may wish to either get your boyfriend's promise IN WRITING or file a counter-suit against him solely for the purpose of obtaining that judgement.
Friendships and love may come and go, but legal judgements last a loooong time and can seriously impact your life for about 15 to 20 years. Cover yourself and him by putting your agreement in writing (and have it notarized ).
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2007-04-23 08:57:23 · answer #1 · answered by ca_surveyor 7 · 0⤊ 0⤋
Sorry, however you would be liable because it is your car. The lawsuit would not be against him because he is not the owner of the vehicle and given the "payment had lapsed" it will probably come directly out of your pocket and not the insurance company's.
Try to get 3 estimates so as to know what is truly the damage value and take an average of the 3 or the lowest.
You may want to check his Policy to see if he is covered when driving another person's car and has an accident. My policy covers me in every car I drive.
Best of Luck
2007-04-23 09:17:49 · answer #2 · answered by Anonymous · 0⤊ 0⤋
1) always get a police report
2) unless I am not mistaken (fault if you will) is on the owner of the car. If your boyfriend is listed as a driver of your car is one thing; letting someone who is not listed is another.
You should speak with your insurance company to get a much more accurate answer; since each insurance company has different policies
2007-04-23 08:57:02 · answer #3 · answered by independant_009 6 · 0⤊ 0⤋
You are liable Because it is your car .
You are responsible for your car.
2007-04-26 08:41:49 · answer #4 · answered by scsriver 4 · 0⤊ 0⤋
you are responseable because it is your property and you gave him permission to drive, however he is respnoseable for any tickets he may get
2007-04-23 09:00:47 · answer #5 · answered by Rick G 1 · 0⤊ 0⤋
You are responsible, but morally he should pay you back.
2007-04-23 08:57:11 · answer #6 · answered by purplebay 2 · 0⤊ 0⤋