QUESTION

dent on a borrowed car

Asked on Jun 18th, 2020 on Civil Litigation - Oregon
More details to this question:
Hi, I have been borrowing a car of my acquaintance for about six months while she was away. During the time, I paid the insurance of the car ($90 monthly). Unfortunately, I made a dent on the rear end while parking, and she is now asking for $2036 to repair the dent. Can we use the insurance and I only pay the deductible? In fact, as her car is a very old car -- which would be like $2000 worth, I don't think she will actually get the car repaired. Can she still ask for the total repair fee even when she does not get the dent fixed? Thank you!
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1 ANSWER

Appellate Practice Attorney serving New York, NY
The dent you caused reduced the value of your friend's car, and you are liable to your friend for those damages whether she chooses to repair the car or not.  If the dent caused less damages than $2,035, or if hte entire car was only worth less, then you would only be liable for the lesser amount.  Yes, her insurance could pay the claim, minus the deductible, and you would then only owe your friend the amount of her deductible, but the insurance company could (it might choose not to) come after you for the amount that your negligence caused it to have to pay out. 
Answered on Jun 19th, 2020 at 6:49 AM

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