borrowed car accident liability

[carefuldriver]

What is the name of your state (only U.S. law)? Pennsylvania

I rear-ended someone in a borrowed car. There was minimal damage to the other car, but the one I was driving was "totaled." The owner's insurance covered the other car's damage, and awarded a sum of money for the value of the car I was driving to its owner.

From the beginning I agreed to pay the owner's deductible, but now he has confronted me and said that the car's pre-accident value was greater than what the insurance payed him, and I should make up the difference. My question is, do I legally owe him additional money for damage done to the car, apart from his insurance deductible?

As a side note, he initially tried to claim that I did not have his permission to drive the car to the insurance company. I unarguably had the permission of someone else on his policy, but he "did not know that I would be driving it." The insurance company covered the damages, so I assume they determined that I was an authorized driver. However, I am afraid he will threaten a law suit on grounds that I was not given his permission, as the car's owner.

 

[justalayman]

The owner is entitled to recover fair market value of the vehicle (plus there is a possibility of some other expenses if subjected to them). If for some reason he recieved less than that from his insurance provider (such as his deductible would be one example he definitely would) you are liable for the difference between fmv and what he received.


He can sue you until the cows come home but;
He has apparently already spoken to his insurance and apparently they were told information that allowed them to accept liability.

They have issued him payment based on that

He has a right to receive, from all sources total, the fair market value of his vehicle plus any additional extra-ordinary costs (such as a rental for a limited period of time if actually needed).


So if he has received fmv plus any additional expenses that might be involved, he won't gain anything from suing yiu.