QUESTION

How can the driver and the owner of a car divide the cost of the damage between themselves?

Asked on Mar 26th, 2013 on Automobile Accidents - South Carolina
More details to this question:
The accident was caused by the snow. The driver has a learnerโ€™s permit and has no insurance. The owner who was a passenger at the time of the accident has a driverโ€™s license and liability insurance. How will they divide the cost of the car damage between them?
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5 ANSWERS

The insurance company should pay for the damage, after the deductible is paid. You and the driver could negotiate a deal on the deductible.
Answered on Apr 01st, 2013 at 2:11 AM

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Ronald A. Steinberg
When one drives, whether it is winter snow/ice/slush or just rain, the driver is obligated to drive at a speed and in a manner so as to be able to stop within the assured clear distance ahead, and is obligated to keep the car under control. In all likelihood, only one of the people is at fault. Anyone who drives without insurance is a damned fool, whether or not they are a learner. Driving requires the accepting of responsibility, not just for yourself, but for your passengers and for other people on the road. If no insurance, you are basically telling the rest of the world that they are just not important.
Answered on Mar 31st, 2013 at 7:55 PM

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Car/Auto Accident Attorney serving Hacienda Heights, CA at Gary Lee Platt
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The owner of the car is entitled to 100% of the damages to the car, either from his insurance company or, if the driver was at fault, from the driver himself. Since this driver didn't have any insurance, heor, since he's a minor, possibly his parentswould have to pay for the damages. The only possible exception might be if the car's owner/passenger had knowledge, in advance, that the driver wasn't qualified to drive safely and let him drive anyway, or if the owner/passenger failed to properly supervise the driver and that failure caused the accident and the damages.
Answered on Mar 26th, 2013 at 2:20 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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However they think is fair. Legally, the driver is liable for the entire amount. However, as a practical matter, if the owner sues the driver, he may get a judgment against the driver which he will never be able to collect. Thus, any arrangement that the two can agree to would be acceptable. (You may check to see if the learner lives with parents who have liability coverage. The parent's insurance might cover the accident).
Answered on Mar 26th, 2013 at 2:19 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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That is up to them. The insurance co will pay the bill.
Answered on Mar 26th, 2013 at 2:19 PM

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