I was in a car accident over 3 months ago and the car I was driving was a friends. I know I'm at fault and I know have to pay for the damages but 3 MONTHS later he just now contacting me for money to his car. He's saying I owe him 5000$ when his insurance company (he only has liability) says I have to pay what the car is worth. I know I still need to pay for it, but it's getting to the point that he just wants the money not to fix the car but because his car has been hit twice since the accident and a lot more problems are arising after the accident which I KNOW had nothing to do with my accident. I just don't know what to do, I know I should pay but I just need some laws on car accidents.
2007-10-26 14:40:27 · 8 answers · asked by Britne W 1 in Politics & Government ➔ Law Enforcement & Police
I would find a new friend. He's trying to stick it to you now. Try to figure out what you owe from the initial accident. Tell him that this is all you're going to pay. If he doesn't like it, tell him to sue you. He wouldn't stand a chance in court.
2007-10-26 17:21:28 · answer #1 · answered by CGIV76 7 · 1⤊ 0⤋
I dont know the laws for every state but where I live you would have been required to report the accident to the police, which I assume it was. Do you have car insurance, if not, you would most likely be responsible for the damage, depending on the accident report they can figure "probable liability" like who involved (drivers of each vehicle involved) is responsible for what percentage of damage. If there is a report it should state obvious damage at time of accident. If not your problem could get complicated. Without info, like what damage, what kind of vehicle, mileage, age of vehicle and whether its loaded or not, it is very difficult to figure what is owed vs. what its worth. If you say the insurance company says you owe what its worth, and your friend says you owe $5000 then I say you "cant squeeze blood out of a turnip" If its only worth $5K. then its totalled, I think they are pulling one on you.
But you admit fault, and you owe something for damaging his car, unless he signs a waiver saying your not responsible. Yeah good luck. Id go with a police report if you have one. If you think you did $5000 worth of damage then try to pay, if not you might end up in small claims court and lose a friend, if you havent already.
I know this is pretty much standard auto insurance policy (mine anyhow) If a car sustains 80% damage vs value then the car is condsidered a total loss. Doesnt mean it couldnt be fixed and driven. Just means having a garage repair it (like straitening frame or something and all the other stuff like dents, glass and paint) would cost almost as much as a new or used car, depending on how old it was.
2007-10-26 15:01:21 · answer #2 · answered by friendly advice from maine 5 · 0⤊ 0⤋
Get police reports for all accidents. They should contain a description of the accident and damage and in some cases a rough estimate of the amount of damage. With this information try to resolve the problem with the car owner and offer to pay a reasonable amount. Since you are the one paying you do not need to give him money just pay the body repair shop(owners choice in most states as to where the work is done) after the work is complete.
2007-10-26 15:12:44 · answer #3 · answered by gabuilder 4 · 0⤊ 0⤋
This is a civil law situation but you were operating at the time and you should pay whether he got the estimates the next day or a year later. Worst case senario he can take you to court and the court could order you to pay. If the estimates are more than what the car is worth then the insurance company is right.
2007-10-26 14:49:16 · answer #4 · answered by county43 3 · 1⤊ 0⤋
The statute of limitations depends on what state you live in. In Florida it's 4 years - North Carolina 3 - Alabama - 2. That means - that a claim can be presented anytime with in the statute of limitations.
Do you own a car? If so, do you have collision ( or "full coverage") on your car?. Are you listed as a driver on someone else's policy that has collision coverage?
If you own a car and /or you have collision on your policy - call your insurance company. Depending on the language in your policy - the collision coverage provided by your policy may drop down and pay your friend for the damage to his vehicle. Your policy will have to contact your friends ins co and get written proof that he did not have collision coverage. But once they get that - they may be able to cover your friends car as a substitute auto. Again - all depends on how your policy reads.
2007-10-26 14:57:47 · answer #5 · answered by Boots 7 · 0⤊ 0⤋
You are only responsible for the damage you caused..... not what ever he feels you owe after continuing to wear it out and smash it up.
If you had liability insurance at the time of the crash, your insurance company should fight this for you.
If you did not, then get an attorney. Do not let this clown rake you over the coals and force you into a payment for all of his problems.
Hell, he could wait another 3 months and total it and then say you are responsible for that, too.
Serious, get an attorney.... Give him NOTHING until you have representation of a qualified lawyer!
2007-10-26 14:48:48 · answer #6 · answered by Dog Lover 7 · 1⤊ 1⤋
Now it really depends on the state you live in. If you had permissive use to operate the vehicle you likely owe him nothing legally. As a friend you may wish to reimburse him for his loss but legally you may not owe him anything.
2007-10-26 14:47:43 · answer #7 · answered by STEVE S 7 · 0⤊ 0⤋
you are only liable for the damage you did.... he cannot make you pay for the entire car.....Get your insurance company to send out an adjustor WITH YOU so that he can do an damage assessment.. and dont pay a penny more...
2007-10-26 14:48:55 · answer #8 · answered by I Can Count To Potato 7 · 0⤊ 0⤋