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  #1  
Old 03-24-2008, 03:33 PM
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Join Date: Mar 2008
Posts: 3

Advice needed please!


What is the name of your state? TN

My 17 daughter let a 20 yr friend take my car that I "let" her use, without my permission this weekend. This person took the car, got drunk and totalled the vehicle. She gave him the key. Now what do I do? This guy from what I understand has no license, therefore no insurance and lives with his mom. The police report stated all this to include that my daughter had no idea he was drinking.

I have full coverage but am anxious to call the insurance company since my daughter gave this guy the key. So I have two questions:
1. Should I just write this off ($4200) or notify the insurance company?
2. Can I do something legally to this guy since my daughter is a minor and he is an adult? He did not have my consent to drive the car.
3. Is there anyway I can get money out of this guy for the car? I don't know how?

PS I have contacted 2 attorneys today, but have not heard from them yet. I am curious to hear what you recommend.

Thank you.
  #2  
Old 03-24-2008, 03:45 PM
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Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,864
Contact your insurance company. He did not necessarily need YOUR permission to drive the car; he was given permission by the person with the keys (your daughter) and had a 'reasonable belief' that he was allowed to drive the car. So he should be considered a covered driver for this accident. It would be reasonable for you to make him pay the deductible. If he refuses, you don't need a lawyer for small claims court.
  #3  
Old 03-24-2008, 04:31 PM
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How do you determine if its more advantageous to have the insurance company pay for the damages (totalled in this case) or if I should pay out of pocket and write it off. KBB values the car between $5000 and $5800. I owe $4200. I am concerned about the long term effects of an accident like this.
  #4  
Old 03-24-2008, 05:15 PM
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Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,864
Long term effects of what? Accidents follow the driver, not the insurance policy or owner. HIS driving record will be affected, not yours. You have the coverage, it's there for you to use it.
  #5  
Old 03-24-2008, 05:55 PM
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Posts: 2,548
ec, would this situation effect her insurance rates?
  #6  
Old 03-25-2008, 02:59 AM
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Join Date: Mar 2008
Posts: 3
The insurance company won't hold this against me? Giving keys to someone with no license, got drunk and wrecked my car. I assumed the insurance company would hold it against me since its my insurance, the insurance will surely have to pay since this idiot has no insurance or assets. Am I off base here? I hope so!

One last thing. When my daughter let him take the car, he said he was going to the end of the road and right back. Like I said before, he took the car, got drunk and totaled it. Can I file charges against him for vehicle theft?

Last edited by sixgun95; 03-25-2008 at 03:03 AM.
  #7  
Old 03-25-2008, 07:26 AM
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Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,864
He did NOT steal the car, he was given the keys.

He was not required to have insurance, insurance is the OWNERS responsibility.

I do not believe you should be charged with an at-fault accident in this, since neither you nor any member of your household was driving. When he gets a car and tries to get insurance on it, HE will have an at-fault accident on his record for the next 3 years.
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