More details to this question:
I was in a car accident in a rental car where the car was totaled. I was driving, the car was rented in my friend's name, I never signed it myself and was only listed as an additional driver. My friend signed, also decline insurance. I was with my trusted friend of three years, the car spun and rolled over twice. We both walked away without any injuries, but the police report will back up that this must have been out of sheer luck, because the car rolled over, the airbags did not work, and we avoided about a dozen boulders and two trees on the way down. Less than 24 hours after that I was overcome with guilt and stress, and my friend convinced me to sign a contract saying I would pay 80 percent of the cost of the car. I need to know if it would be plausible to have the contract voided because of undue influence. The truth about the accident is that I had little experience driving, tried to exit unsafely. I had also driven unsafely before, my friend knew this, I want to pay 50 percent.
1 ANSWER
It is theoretically possible that, given your perhaps shocked state after the accident and the relationship of trust you enjoyed with your friend, you could succeed in voiding the agreement based on either undue influence or lack of capacity. However, be careful what you wish for - if that contract is voided, you could wind up being liable for more than 80% of the cost, since you have just admitted that the accident was caused by your unsafe driving.
Don't either of you have automobile insurance for your own cars? These policies should cover at least part of the damages from the accident. Have you made claims to your own insurance companies?
Answered on Mar 25th, 2014 at 12:36 PM