I let my friend who's 19 drive my car. She hit a curb and caused $1600 worth of damage. She refused to give me her insurance policy # and to pay for any damages. I'm taking her to small claims court. Who will have to pay for this accident? me, her, my insurance or her insurance?
2007-07-11 08:36:26 · 12 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
Normally you or your insurance company should be responsible since you gave your friend the permission to drive the car. But taking her to a small claim court is definitely a great idea. And I'm pretty sure the judge will be ruling in you favor, because she's an adult in the eyes of the law, and she'll be held responsible for her actions.
Go ahead and file the court claim.......She needs to pay, not you.
Funny, because I just saw this exact senerio on Judge Mathis Show. The plantive did win, so good luck.
2007-07-11 09:51:38 · answer #1 · answered by Anonymous · 0⤊ 1⤋
As long as you gave her permission to drive your car, then your insurance is going to be the primary for paying for the damages. Now that being said, this isn't much of a friend or someone you want to be around, because they could have a least payed your deductible on the claim! Good luck in court, but I think you are just going to have to cut your losses!
2007-07-11 15:46:53 · answer #2 · answered by witraveler 1 · 0⤊ 0⤋
Your insurance. It's your car, you let her drive it. You are responsible for your own vehicle no matter who is behind the wheel unless the vehicle is being driven WITHOUT your permission (as in a theft). Small claims court is nothing but a huge waste of time in this case. If she received any tickets, those are hers to deal with. But the vehicle repair is up to your and your insurance company.
This is why you don't let other people drive your car!!!!!
2007-07-11 16:51:35 · answer #3 · answered by Beth 4 · 0⤊ 0⤋
Insurance follows the vehicle- not the driver. Her insurance wouldnt pay for it even if you had their information. Your insurance will pay for damages.
Sure you can try to sue her in small claims court- but by giving her the keys to your vehicle you assumed to risk of the possibility of her getting in an accident- i dont see you having much luck winning.
2007-07-11 16:22:02 · answer #4 · answered by la428282 6 · 0⤊ 0⤋
Insurance goes with vehicles, not with drivers. If you gave her permission to drive, your insurance was covering it, not hers. If you have collision coverage, your insurance should cover it, less your deductible of course. Neither she nor her insurance have any legal obligation to pay for your losses, so I don't really understand why you want to waste your time in small claims court. She may have a moral obligation to help with your losses, but not a legal one. Contact YOUR insurance and see if you are covered.
Generally this is one of those "Experience" times where hopefully you have learned not to loan out your car.
2007-07-11 15:46:51 · answer #5 · answered by oklatom 7 · 0⤊ 0⤋
Does your insurance cover other drivers? You need to check this first...some do, some don't...
What proof will you have to show the judge that, A) the damage was not already there..B) that she was the driver who caused it...and C) any estimates from repair shops...
If you cannot supply ALL of these to the court...you're screwed, I'm afraid....and it will come out of YOUR pocket..
The burden of PROOF will be on YOU....
2007-07-11 15:45:51 · answer #6 · answered by Toots 6 · 0⤊ 0⤋
Technically you gave her permission to drive the car. So the responsibility lies with you or your insurance.
If she was a true friend she would pay for it since she caused the damage, but then that's how we learn who are true friends are.
2007-07-11 15:44:35 · answer #7 · answered by hsueh010 7 · 1⤊ 0⤋
In YOUR car, YOU are responsible, even if YOU'RE not driving it. Let this be an expensive lesson.
You can TRY to sue her in small claims court, but I doubt you'll get satisfaction. Like I said, it was YOUR car, YOU let her drive it.
2007-07-11 15:43:33 · answer #8 · answered by Resident Heretic 7 · 1⤊ 0⤋
your insurance would cover the damages if you carry collision on your car. if your company wants to they can subrogate the money from your friends insurance, if she carries any. by the way, some friend.
2007-07-11 16:39:34 · answer #9 · answered by My Pits A Lover Not A Fighter 5 · 0⤊ 0⤋
If you win in court, the judgement will be against her and she is responsible for payment of the judgement but good luck trying to collect it.
2007-07-11 23:19:08 · answer #10 · answered by bundysmom 6 · 0⤊ 0⤋