QUESTION
Totaled brother's car and now he's asking for money without reporting it to insurance.
Asked on Aug 06th, 2012 on Automobile Accidents - New Jersey
More details to this question:
I totaled my brothers car, and received an impedeing traffic ticket as a result. I was not under the influence of anything, to be clear. He had PLPD insurance and did not report the accident to his insurance provider. He wants me to give him $4, 000, which is what KBB says it it worth, approximately. What legal standing does he have in trying to collect money from me?
23 ANSWERS
Ronald A. Steinberg
Every right. You drove it. You wrecked it.
Answered on Aug 23rd, 2012 at 3:58 PM
If you are at fault you can be held liable.
Answered on Aug 23rd, 2012 at 3:57 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
at
Bulman Law Associates PLLC
Update Your Profile
Full legal standing. Although I would recommend he report it if he had full coverage and let the insurance sue you for the damage. What's up with your insurance? Little brother?
Answered on Aug 23rd, 2012 at 3:57 PM
Did you have insurance? If NOT then brother can sue you for $4000. YOU TOTALED the car . . . now PAY for it. OR . . . have your insurance pay.
Answered on Aug 23rd, 2012 at 3:57 PM
Personal Injury (Plaintiff) Law Attorney serving Wheaton, MD
at
The Law Offices of Paul A. Samakow, P.C.
Update Your Profile
He has no legal standing until he sues you and wins.
Answered on Aug 23rd, 2012 at 3:57 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
at
Downriver Injury & Auto Law
Update Your Profile
You are responsible for your negligence, he does not have to go to his insurance.
Answered on Aug 23rd, 2012 at 3:56 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
You damaged his property. Pay him. Why do you think his insurance ought to pay for your mistakes?
Answered on Aug 23rd, 2012 at 3:56 PM
You may report the accident tyo your brother's insurance company. However, through subrogation his insurance carrier can try to collect from you for any payment it makes to your brother. First, you should find out the?current book value of your brother's car which you totalled.
Answered on Aug 23rd, 2012 at 3:56 PM
Child Custody Attorney serving Malvern, AR
at
Law Office of Gregory Crain
Update Your Profile
He can sue you for negligence.
Answered on Aug 23rd, 2012 at 3:56 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
He should have reported this to his insurance company and collected from them, but he didn't. But you are the one who totalled the car, so you are responsible. If you don't have the money, he will be looking at an empty judgment, and what good does that do?
You have the right to have your own evaluation, have the car looked at by a reputable dealer and get valuations as to the pre-accident value of the vehicle, the cost of repair and the salvage value. See if your brogher will take a reduced amount in exchange for not having to bring you to court.
Answered on Aug 23rd, 2012 at 3:56 PM
Civil Litigation Attorney serving Gadsden, AL
at
Ford, Howard & Cornett, P.C.
Update Your Profile
If you negligently (or wantonly) caused the damage to your brother's car, then you are liable for the damage caused.
Answered on Aug 23rd, 2012 at 3:56 PM
Tax Attorney serving North Smithfield, RI
at
The Law Offices of Mark L. Smith
Update Your Profile
Your brother can sue you for failing to exercise ordinary care while using his property (crashing his car). It is his choice to notify his insurance company or to sue you and if he notifies his insurance company the company has a right to sue you if it pays your brother off.
Answered on Aug 23rd, 2012 at 3:55 PM
Criminal Defense Attorney serving Montrose, NY
at
Law Office of Jared Altman
Update Your Profile
He can sue you and if he wins you'll owe him what he can prove.
Answered on Aug 23rd, 2012 at 3:55 PM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
You are liable if the accident is your fault. On the other hand, if he sues you, all he can get is a judgment that is probably uncollectable if you do not own real estate, stocks or bonds.
If he can still file a claim, you might suggest that you reimburse him for any increase in premium if he files it on his insurance.
Also, if you own a car and have insurance, it might cover the loss. If he refuses to use his insurance (if he has converge for this), then both of you need to contemplate your relationship to each other, and, if you are believers, Jesus' instructions on the Sermon on the Mount that if someone wants to steal your shirt, give him your coat also.
If he follows this command, he will not ask you to pay for the car. If you follow this command, then you will pay for the car and not worry about the fact that he might have had insurance to pay for it. Morally, both of you are right and wrong. Legally, you are responsible.
Answered on Aug 23rd, 2012 at 3:55 PM
He personally can't collect from both; although his insurance company if they pay him may under the terms of the policy be able to collect from you.
Answered on Aug 23rd, 2012 at 3:55 PM
Plaintiff's Personal Injury Attorney serving Seattle, WA
at
Shaw Legal Solutions
Update Your Profile
Plenty. You either pay him, or his insurance pays, and then they come after you. Frankly, it's better to work with your brother. He won't send you to collections, or report you to the Department Licensing.
Answered on Aug 23rd, 2012 at 3:54 PM
1 Award
He can sue you and recover the money. If his insurance company paid him, they have to right to sue you to recover what they pay him under what's called "subrogation" rights. So you're screwed either way. Sorry!
Answered on Aug 23rd, 2012 at 3:54 PM
Thomas Edward Gates
He can take you to small claims to get a judgment. If you still will not pay, he can seek to garnish your wages.
Answered on Aug 23rd, 2012 at 3:54 PM
Employment Law Attorney serving Beverly Hills, CA
at
Dordick Law Corporation
Update Your Profile
Since there was a ticket issued, the accident is probably already in the system.
If he turned it into his carrier, they would pay for the damage (or the value of the car), but then they would come after you for whatever they pay on the car.
So you may have better luck negotiating with your brother than with the insurance company ? but maybe not. I don't know your brother. You didn't have your own auto insurance?
If you did, turn it into them. Ultimately you are responsible if you were at fault for the accident if you did not have insurance.
Answered on Aug 23rd, 2012 at 3:53 PM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
If you were negligent in the operation of the vehicle, he has the right to make you pay the value of the vehicle. If he were to have his insurance company reimburse him, the insurer might pursue you in a subrogation claim anyway.
Answered on Aug 23rd, 2012 at 3:53 PM
Small Businesses Attorney serving Livonia, MI
at
Klisz Law Office, PLLC
Update Your Profile
You damaged his car. He can sue you and would win. The only question is the damages.
Answered on Aug 23rd, 2012 at 3:53 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
You are liable for about $500, mini tort. But is the balance worth your relationship with your brother?
Answered on Aug 23rd, 2012 at 3:52 PM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
As he loaned you the car, he can ask you to be responsible for the damages, but he should go through insurance, and maybe ask you for difference. Perhaps he did not go through insurance to avoid rate hike that your causing accident would cause, or if you live with him and he did not tell carrier, that may be another reason to not go through insurance.
Answered on Aug 21st, 2012 at 11:22 AM