QUESTION
What is going to happen next if my son drove an intoxicated friend's car and ran into a pole in a parking lot?
Asked on Feb 26th, 2014 on Personal Injury - Rhode Island
More details to this question:
My son is a 20 year old college student. He ran into a friend and she asked him to drive her home because she was intoxicated. He and his friend helped her, he drove 4 feet and backed into a brick pillar in a parking garage that he did not see. He gave her his insurance information and offered to help with the deductible. She also has full coverage insurance. Our insurance company called her, my son and the third witness, all of the stories were the same. She admitted to being intoxicated and she willingly gave the keys to my son. She told our son that she would press charges if he didn't pay in full. We told him that our insurance will not cover her vehicle, he passed this onto her. She did finally turn it in on her insurance. She told him that she has a $1000 deductible, which is a lie, we already knew that she has a $500 deductible. She has bullied him, threatened him, bribed him to pay up the $1000. She is threatening to press charges and is now saying he was drinking alcohol as a minor. My question is, can he be arrested at this point? It's been 5 days since the accident. We were willing to help, but now she is lying and will not send us an estimate until his dad agrees to pay up. Oh, did I mention we have proof, we have all of this in text that he has forwarded us? Help! What are the rights of my son here?
6 ANSWERS
Edwin K. Niles
1. Why won't your insurance cover? 2. It's not up to her to file a misdemeanor charge; it's up to the local prosecutor. I doubt that they'll file, as it will be hard to prove at this late stage.
Answered on Mar 03rd, 2014 at 4:16 PM
Ronald A. Steinberg
There is an old expression that "no good deed goes unpunished." Unfortunately, whether or not the owner of the car was intoxicated, he was driving it when it meet with the brick wall accidentally. So, the damage is HIS fault alone.
Answered on Mar 03rd, 2014 at 4:14 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No good deed goes unpunished, or so it seems. There are many issues and you should discuss the details with an attorney. He was clearly an authorized driver and should have been covered by her insurance.
Answered on Mar 03rd, 2014 at 4:14 PM
Thomas Edward Gates
In theory, your son should be on the hook for the full amount of the damage. The fact she would go through her insurance company is a break. Hence, he should pay the full deductible, with proof of the amount. This amount should be paid directly to the insurance company. If her insurance is paying for the repairs, it does not matter what the repair bill is, since you are only paying the deductible. Meet her treat head on, the police will see through her motive to call out your son for drinking.
Answered on Mar 03rd, 2014 at 4:14 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Your son needs to be more careful about his "friends" if she was drunk what difference does her testimony make. I would ignore her and let her deal with it. see a good traffic court lawyer if you feel insecure. No one can deal with a drunk and a liar and a bully and God knows what else she is.
Answered on Mar 03rd, 2014 at 4:13 PM
Automobile Accidents and Injuries Attorney serving Knoxville, TN
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Baker Law Firm
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It appears your son was at fault for driving the vehicle into the object which was there to be seen. As a result, his insurance coverage, as well as her coverage, would cover the collision (assuming he has liability and she has collision. ?This matter should be worked out between the two insurers as both would provide coverage under the circumstances. Your son's carrier would provide coverage under the liability coverage, and her carrier owes for her and him under the collision coverage. The question is the deductible. Your son's carrier should offer to pay that amount unless his deductible is greater than $500, which is the apparent deductible on her coverage. He is covered under her policy due to what is termed "permissive use" by the owner. There does not appear to be any evidence he was intoxicated unless all the witnesses offer proof he was in fact drinking, so I doubt anything will come of that (and the police would need more than just statements to obtain a conviction). Keep the texts until the matter is finally resolved.
Answered on Mar 03rd, 2014 at 4:13 PM