QUESTION
Do I have to pay for the full amount of the car damage if the owner insisted me to drive?
Asked on Sep 16th, 2013 on Automobile Accidents - Wisconsin
More details to this question:
A friend of mine woke me up in the morning saying she is late to class and asked me to take her to school with her car. I would have taken her with my car but it was parked too far from the house, and I did not have to drive her but her class already started at the time so I did so as she asked. But while I was backing out I did some damage to her left side of the car and the estimate came out around $800. She’s asking me to pay all of it and at this time I do not have all that money to cover all of it. So she said she'll file it through my insurance so that both of us don't have to pay for it but I don't believe that could work because it was her car, not mine. I overheard her mother on the phone saying I will be responsible for the full amount if we can't solve this through insurance. My point is, I'm not trying to get away from the responsibility that I have damaged the car but it wouldn't have happened if she didn't ask me that morning to take her to school. Also it wasn't me to ask her permission to drive her car; it was her to ask me to drive for her. I am willing to pay some portion of it but not full amount.
8 ANSWERS
Legally you are liable for the full amount. Your insurance might cover you you would need to check if they cover you or just your car. As a matter of friendship, the owner should pay for part of the damage, but not as a matter of law.
Answered on Sep 23rd, 2013 at 5:01 AM
Jason David Smith
It sounds as if you were acting as her agent and as such your friend may be responsible. Tricky facts though.
Answered on Sep 18th, 2013 at 12:51 PM
Thomas Edward Gates
The accident was your fault alone. You should file it trough your insurance company and she should pay half of your deductible.
Answered on Sep 18th, 2013 at 12:42 PM
Ronald A. Steinberg
Hey, guy! You caused the damage didn't you? Your fault, your responsibility to pay for repairs.
Answered on Sep 18th, 2013 at 12:37 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Pay for whatever damage you did and stop trying to bring mother's, school and childish things into the mix. Pay for the damage you cause.
Answered on Sep 18th, 2013 at 12:29 PM
Criminal Defense Attorney serving Anderson, SC
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First, I think your insurance may cover it. Often your insurance covers you for liability even when you are driving someone else's car. Second, you are legally liable for the full amount, even though you were doing her a favor. Third, even though you are legally liable, there is probably no way that she can force you to pay it. She can sue you and get a judgment against you for the full amount, but unless you own assets that are not exempt from execution on a judgment (which you probably don't), she cannot force you to pay the judgment. However, to keep the peace between you, I would try to put it on my insurance. If insurance doesn't pay it, I would agree to pay what I can and make payments toward the rest. If that is not good enough, let them sue you.
Answered on Sep 18th, 2013 at 12:24 PM
James Eugene Hasser
No good deed goes unpunished. First, you are liable. Second, her insurance will cover it as you were driving with her permission. However, her insurance may look to you for reimbursement. Good luck.
Answered on Sep 18th, 2013 at 12:18 PM
1 Award
Why aren't you willing to pay the full amount? It was your negligence that caused the damage to her car. I don't think your being a good Samaritan trumps the fact that your negligence caused the damage.
Answered on Sep 18th, 2013 at 12:07 PM