QUESTION
Can I be sued for the car damage if I was just the passenger?
Asked on Dec 02nd, 2013 on Automobile Accidents - California
More details to this question:
It was 2 other girls and I. We had taken some shots of vodka before going out to the club last weekend. These girls are under 21 and she offered to drive and said she was sober enough (she was drinking though). I was sitting in the back seat and I hadn't shut the door yet and she just pulls off without warning and shattered the door to where it cant shut anymore. The next day she blamed it on me and kept pressuring me to call my mom to pay for it since she can't afford for her insurance to go up and said her dad was going to be mad at her. She at first said it was her fault and offered to pay me back if I paid for the damages and was worried about Thanksgiving and seeing her 2 year old daughter who was in another state. I felt bad for her so I thought I was being a nice friend and said I'd help pay for a rental. I didn't do it because I thought it was my fault and never said it was my fault. After Thanksgiving she texted me and said her dad wants to sue me because I didn't pay for the damages (which i never said i would do I said i would see what my mom said if she paid her back but my mom said no of course) and I didn't even have to pay legally because it is her responsibility. I told her it was not my or my mom's responsibility to pay and both girls threatened to fight me if I didn't pay for it ( I have the texts to prove it). They keep changing the story to make me feel bad and look bad. I feel like I'm being taken advantage of in the situation. How should I deal with the situation? Could I have a chance to win if she does bring it to court?
7 ANSWERS
Thomas Edward Gates
Do not give in. The only issue you have is if the other girl lies and supports the driver. Retain an attorney to assist you.
Answered on Dec 05th, 2013 at 11:50 PM
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You need to get past all the friendship and emotional phoniness. Whoever caused the damage pays the bill. You ought not to drink and drive and you ought not get in a vehicle when you know the driver has been drinking.
Answered on Dec 05th, 2013 at 9:04 PM
Edwin K. Niles
It's hard for me to see what you did that was wrong. It's the driver's responsibility to make sure the car is ready to be driven off.
Answered on Dec 05th, 2013 at 9:03 PM
James Eugene Hasser
She can sue, but I doubt she would win. She has to be completely free from negligence to win and it sounds to me like she was careless, probably because she had been drinking. Her car insurance will have to pay for it.
Answered on Dec 05th, 2013 at 9:03 PM
Ronald A. Steinberg
It was her fault. She was driving. She is responsible for paying for the damage. How could you be ultimately responsible because you had nothing to do with her putting the car into gear and putting her foot on the gas.
Answered on Dec 05th, 2013 at 8:18 PM
You are probably not at fault from the facts you have given. The driver has the responsibility to make sure that all doors are closed before moving. Tell her that you will not pay anything, and that you will vigorously defend if she sues you. Also, find some better friends.
Answered on Dec 05th, 2013 at 8:16 PM
You were not negligent so have no legal liability. If the driver and her friend testify that you opened the door after the car started then you could be found at fault if the judge believed them. They are not likely to sue you as no attorney will take the case as it is too little in value to justify handling it. She might report the accident to her own insurance company and try to get them to go after you for the money they pay her, but that likely will not happen. The only thing you can do is tell them firmly tat you have asked an attorney as to whether you have any fault and were told you did not so you will not pay them anything. point out that she was probably drunk and the accident definitely would not have occurred had she not acted so recklessly.
Answered on Dec 05th, 2013 at 3:16 AM