If your friend has you drive their car...

trsbak2222 · #1 01-19-2009, 11:14 PM

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

My friend was helping me move because I'm not comfortable driving completely yet and I was moving to another city over and needed someone to drive the u haul on the freeway for me. He needed me to follow him though to the uhaul place in his car though to return the truck (the uhaul was in his name).

His insurance policy covers only himself, and backing out I scratched his car.

Am I responsible for the damages even though he knew I wasn't comfortable driving (New driver with no car)?

I don't have a problem fixing my mistake but he says he has two estimates (still waiting for them) one for 3,000 and one for 2,400. My roommate had a recent accident and got a quote on her damage (her was much much worse) they said 1,200.

Also this happened in October 2008 (the first week) and he called me three days ago about it. His girlfriend recently (a few weeks ago) got into an accident with his car, she hit a ladder in the middle of the freeway at 75 mph. I don't think its fair he is asking me for compensation after he's had a major accident and I don't think that amount is fair as well.

He won't even work out a payment plan with me assuming that is the amount he obligates me to pay.
He did not report it to his insurance company either because only he is covered. No accident reports were made, no police, no reports of any. No pictures taken either.
What other options are there?

Firstly just to clarify for my own prides sake I paid him 100$ to drive 20 mins away not to move my stuff JUST to drive. And second I said I would have the damage fixed and he said "I'm not trippin". We hung out a million times since then and never said anything about it. On top of that when he called me I told him 3000 is steep and explained my roommates situation with her car. He called me a Bitch a Whore a peice of **** and a million other names and I told him I would repair it never said I wouldn't just not for 3000. Soooo I'm just trying to find out what's the worse that could happen. I have medical bills that went to collections before I paid them off and I'm 22 that's my only line of credit and its poor. I've never had a credit card nor been approved for one and I doubt I could get a loan. If he sues me for 3000 I'm kind of screwed but he's not exactly working with me. So trying to find out if I am on the hook or not-NOT so I don't have to pay him but I'm uncomfortable with the way he is treating me and he thinks he has ALL the control.

I found this in an msn article: 12 things your insurance company won't tell you.

Does anyone know if this is accurate?

You'll pay for your friend's bad driving, too. If your friend borrows your car and crashes it, you'll have to file a claim with your insurance company. You'll have to pay any deductible that applies, and your rates will probably go up as a result of your claim.

Tip: If your friend didn't have permission to take your car, in most cases you won't be held liable for the damage. But if your friend is uninsured and causes damage that exceeds your policy limits, the injured party can come after you for medical and property-damage expenses. Best bet? Don't lend out your car.

CourtClerk · #2 01-19-2009, 11:20 PM

You are responsible for the damage you caused. If you are uncomfortable doing something, no is always an option. You chose not to exercise that option, therefore, you deal with the consequences like a big kid.

ecmst12 · #3 01-19-2009, 11:29 PM

His insurance likely covers you but the damage is probably close to or less then his deductible. He did you a favor, you SHOULD (as well as being legally obligated to) cover the damage you caused.

trsbak2222 · #4 01-19-2009, 11:33 PM

the thing is he wants me to give him 3000 dollars for the damage and won't work out a payment plan with me and the damage I cause I know is NO WHERE near that. Also it happend 6 months ago and now he is asking, and a few weeks ago his girlfriend ran over a ladder on the freeway at 75mph with his car. That's why I am asking

ecmst12 · #5 01-19-2009, 11:37 PM

Ask to see his estimate.

trsbak2222 · #6 01-20-2009, 01:24 AM

I found this in an msn article: 12 things your insurance company won't tell you.

Does anyone know if this is accurate?

You'll pay for your friend's bad driving, too. If your friend borrows your car and crashes it, you'll have to file a claim with your insurance company. You'll have to pay any deductible that applies, and your rates will probably go up as a result of your claim.

Tip: If your friend didn't have permission to take your car, in most cases you won't be held liable for the damage. But if your friend is uninsured and causes damage that exceeds your policy limits, the injured party can come after you for medical and property-damage expenses. Best bet? Don't lend out your car.

ecmst12 · #7 01-20-2009, 07:01 AM

Don't start multiple threads about the same situation.

That article doesn't apply to your situation since your friend's car is the only one that was damaged. It's als not accurate, or at least it's misleading. If you had hit another car, his insurance would be responsible and you would be covered. And the OWNER'S insurance is primary, not the driver's. If the owner's insurance is exhausted, and the driver has insurance also, it will most likely pick up the excess. But again, none of that applies to your situation anyway.

Like I said, ask to see his estimate. You are responsible for the damage you caused, no more and no less. He can take you to court and win. But it should not cost anywhere near $3000 to take scratches out of a bumper.

Who's Liable? · #8 01-20-2009, 10:46 AM

Quote:

Originally Posted by ecmst12

Don't start multiple threads about the same situation.
Like I said, ask to see his estimate. You are responsible for the damage you caused, no more and no less. He can take you to court and win. But it should not cost anywhere near $3000 to take scratches out of a bumper.

I would demand to see the estimate, as well as to take it to a new place of your choosing for an estimate.

$3K seems very high if it is indeed scratches.

swrdmbo · #9 01-20-2009, 10:59 AM

I'd like your definition of "scratching" his car.The previous poster gave you very good advice. Ask to see the estimate of the "scratch" damage.

If you had stepped up and done the right thing 6 months ago the ladder incident would not be an issue.

Both legally and morally you are responsible for fixing his car.(a!t least the scratch)

Do you really not get that you owe him this?? How were you going to move if you were "uncomfortable" driving the truck. He did you a HUGE favor! Look how you plan on repaying him..

damaging his car and then saying " oops! you KNEW I was uncomfortable driving so I am not responsible!!"

People like you are the reason the saying " No good deed goes unpunished" rings so true!

And you don't even seem to get it. UGH

ecmst12 · #10 01-20-2009, 11:43 AM

Now I see no reason to jump down OP's throat here. If, at the time, his friend told him not to worry about the damage, he had no reason to take it any further. And if only now after the car has sustained additional unrelated damage is he being asked for money (not to mention far more then the damage he actually caused would cost), he is absolutely right to think something is fishy and ask questions.

trsbak2222 · #11 01-20-2009, 11:55 AM

Firstly just to clarify for my own prides sake I paid him 100$ to drive 20 mins away not to move my stuff JUST to drive. And second I said I would have the damage fixed and he said "I'm not trippin". We hung out a million times since then and never said anything about it. On top of that when he called me I told him 3000 is steep and explained my roommates situation with her car. He called me a Bitch a Whore a peice of **** and a million other names and I told him I would repair it never said I wouldn't just not for 3000. Soooo I'm just trying to find out what's the worse that could happen. I have medical bills that went to collections before I paid them off and I'm 22 that's my only line of credit and its poor. I've never had a credit card nor been approved for one and I doubt I could get a loan. If he sues me for 3000 I'm kind of screwed but he's not exactly working with me. So trying to find out if I am on the hook or not-NOT so I don't have to pay him but I'm uncomfortable with the way he is treating me and he thinks he has ALL the control.

ecmst12 · #12 01-20-2009, 12:48 PM

If he sues you, he will have to prove what damage you caused and what it will cost to fix that particular damage. You will have to appear in court and defend yourself against being charged for damage you did not cause.

His reaction tells me he's trying to get one over on you. I can always tell when someone is trying to get away with something, they are always the ones who will scream and yell and throw a tantrum because they think I will pay them more then they are owed just to make them go away. I don't fall for it and neither should you.

swrdmbo · #13 01-20-2009, 01:13 PM

When I answered the post all the information was not there, specifically him telling OP not to worry about it.

I also think he is trying to pull a fast one and OP and I had PM's where I told OP that I would not have answered in the way I did had I known all the info to begin with.

trsbak2222 · #14 01-20-2009, 10:35 PM

Thank you for the replies I received from numerous people all of which are appreciated

I_Got_Banned · #15 01-23-2009, 03:29 AM

Quote:

Originally Posted by swrdmbo

When I answered the post all the information was not there, specifically him telling OP not to worry about it.

I also think he is trying to pull a fast one and OP and I had PM's where I told OP that I would not have answered in the way I did had I known all the info to begin with.

Actually, the OP copied and pasted all that info from "HER" previous posts and combined it into one in response to your long winded critique... But that's OK, you just made up for it by disclosing the ex-parte communication that she attempted to have with you.

Quote:

Originally Posted by swrdmbo

I had PM's where I told OP that I would not have answered in the way I did had I known all the info to begin with.

trsbak2222,
In addition to requesting copies of the estimates your ex-friend is claiming are legit, and in case he refuses to allow you to choose your own body shop to get your own estimate, just ask him to take a picture of the "scratch". You can take that along with the copies of the estimates he gave you to a body shop and they should be able to decifer what's good and what's bad.

Once you yourself get down to a particular dollar amount of what is your responsibility {based on the estimate that you receive}, type up a short offer letter, attach the copy of the estimate that you obtained, and mail those via Certified mail/Return Receipt Request....

This way, and if he slacks about resolving the matter again and then all of a sudden decides to file a lawsuit against you, your copy of that offer letter will serve as your good faith attempt at resolving the issue out of court.

Might not save you that much money as far as what the court might decide is your share, but I bet you the Judge will be more willing to listen to your side of the story as well as work with you as far as fullfilliing your obligation.

My guess is he wont sue! It is obvious he's fudging numbers and he would have to be a stupid idiot to try and pull wool over a Judge's eyes.

Lastly, if you care to answer, which part of his car got scratched? And, in your estimate, how big (length X width)of a scratch was it? Aaaand what kind of car does he have?