QUESTION

What can I do if someone drove my car with no permission wrecked it and there is no insurance on car?

Asked on Nov 30th, 2012 on Personal Injury - Florida
More details to this question:
My boyfriend at the time took my car while I was at work and drove to the store. My car had no insurance on it at the time and he ended up hitting someone. Now over two years later there is someone who is calling saying I owe them $2100 for the damages. And until that is paid my license has been suspended. How do I make him pay for this since he was the one driving or does it fall on me to pay it.
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7 ANSWERS

Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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It is his debt to you, but you may be liable to the party who was harmed by your car unless you reported it as stolen.
Answered on Dec 03rd, 2012 at 4:21 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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You have as mess on your hands that may cost you more to straighten out than to just pay the damage. It is probably best to pay the damage and sue your boyfriend in small claims court for the damage. He is liable for the damage. However, in SC, if you operate a motor vehicle or allow someone to operate your motor vehicle, you must have insurance. If you or someone with your permission causes an accident, the state can suspend you license until you pay the damages if your vehicle is uninsured. If you did not report the car stolen and press charges against him, they will assume he had your permission regardless of what you say now. Technically, you have a right to file a lawsuit to prove he had no permission, but it will likely cost you more in attorney's fees than just paying the damages. If you did report the car stolen and pressed charges, then that is another matter. You may have a shot at appealing the decision to suspend your license. Read the notice of suspension carefully, and if it explains a right to appeal, follow those instructions or consult an attorney.
Answered on Dec 03rd, 2012 at 4:21 AM

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Daniel P. Mitchell
If your boyfriend did not have permission to drive the car, then you cannot be liable for its use. However, if he reasonably thought that he had your permission (e.g., if you had let him drive it with some regularity before, and if you left the keys in a location where he could access them, without any effort on your part to secure them), then it would be regarded as a permissive use. You may obtain indemnity from the boyfriend for any damages you are required to pay, but if it was a permissive use situation, you would not be able to avoid liability.
Answered on Dec 03rd, 2012 at 4:20 AM

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Ronald A. Steinberg
If a vehicle is driven without the permission of the owner, then the driver is responsible for all monetary damages, both to your car and the other car. If you drive your car without insurance, then under Michigan law, even if the accident is the other person's fault, YOU CANNOT SUE.
Answered on Dec 03rd, 2012 at 4:19 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Boyfriend/girlfriend. Who knows but you whether he had permission THEN (obviously he is no longer the boyfriend) when you let folk is drive your car you and the driver are both liable to the person injured.
Answered on Dec 02nd, 2012 at 10:18 PM

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This question is missing a lot of important facts. If your boyfriend drove the car and was in an accident, he is responsible for the damage he caused to both your car and anyone else's car, but that does not mean that he will voluntarily pay what he owes or that he has the ability to pay. All cars in Virginia must be insured and this is one example of what can occur when a vehicle is not insured. I am not certain who the "somebody" is who says you owe $2100 and I am not sure if that relates to the license suspension. It sounds to me as though someone sued you already and has a judgment and the license suspension is a result of the judgment. It could also be the DMV that is seeking to collect the non-insured vehicle fee that is assessed.
Answered on Dec 02nd, 2012 at 6:54 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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The owner of a vehicle is responsible for the negligent operation of that vehicle if the driver had the permission of the owner to use it. If he was not a permissive user, then you're not responsible.
Answered on Dec 02nd, 2012 at 6:51 PM

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