I was not the driver who is at fault.

[uradillybar]

What is the name of your state? Illinois

I let a co worker drive my car. I was too impaired to drive so I let him drive. I do not know this person other than seeing him at work. After the accident he switched seats when I got out to see if the other person was ok. I have plenty of witnesses who knew I was in the passenger seat and saw him driving. The people are willing to go to court with me. I was not arrested but the cop put me down as the person driving the car. I found out later in the week the reason he switched seats because his licenses was suspended a week earlier. My question is once I prove I was not the driver am I still responsible for paying the guy he hit? I am trying to avoid reporting this to my insurance. Can I take him to small claims court to give me the cost of the repairs for the guy he hit?

 

[teflon_jones]

The insurance follows the car, not the driver. So if he was at fault your insurance would have to pay for this, or you would have to pay out of pocket. You could take him to small claims court for the damages.

 

[seniorjudge]

What is the name of your state? Illinois

I let a co worker drive my car. I was too impaired to drive so I let him drive. I do not know this person other than seeing him at work. After the accident he switched seats when I got out to see if the other person was ok. I have plenty of witnesses who knew I was in the passenger seat and saw him driving. The people are willing to go to court with me. I was not arrested but the cop put me down as the person driving the car. I found out later in the week the reason he switched seats because his licenses was suspended a week earlier. My question is once I prove I was not the driver am I still responsible for paying the guy he hit? I am trying to avoid reporting this to my insurance. Can I take him to small claims court to give me the cost of the repairs for the guy he hit?

Before you rely too heavily on those witnesses, try this: Call them and tell them that you have set up an appointment with your lawyer so they can make a sworn statement as to what happened. See what your friends say then.

 

[uradillybar]

I wanted to add one thing I have a sworn statement with the names and signature however I do not know if it is legal since it was not in front of a lawyer. I did video record their statement along with them signing it. Including the driver’s girlfriend admitting her boyfriend was driving however she did not sign my statement.

 

[uradillybar]

will that hold up in court

Will the previous post hold up in court.

 

[teflon_jones]

Did they know they were being videotaped and did they freely let you do it? Based on what you've said, in a general sense this would hold up in court with a competent lawyer. But a judge might be having a bad day and disallow their admission. It's really impossible to say, sorry.