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  #1  
Old 08-26-2006, 08:43 PM
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Join Date: Aug 2006
Posts: 6

MESSED UP minnesota car crash "mycar" another driver?? help


What is the name of your state? - minnesota,

i am 18 years old own the car and was at work when this happen.....

details ------


went to work at 12 noon,
i gave the keys to a friend who had a license, she left, and my girlfriend at the time has my car i'm still at work, i dont know the rest of the details from that or in depth far as where when what. but this is what i do know....

around 6:00 my girlfriend got into a car wreck with my car

herself -

18
no license
driving my car

my car -

94 ford traurus
got hit in the drivers front tire and messed up some stuff in that area pretty good like the strut and rim of the tire what not.
after it was hit, was towed to the "all american towing" costed 145$ to get out.


my girlfriend also said it wasn't her fault, the other person drove and ran a stop sign when it was her go. ( if any of this helps)

far as i know? she went to jail for faulse name ( she tried to use her sisters name and thought she could get away with it )

what should i do... what should i say?

what could... and will happen? is basicly what i'm asking


my step dad says i should press charges to cover my own ass? - does this make sence?
what will this do? he also says if i dont then my car insurance is going to go threw the roof and i'll be paying like 500-1000 for 6months? is this true?



what am i liable for? or what not? sorry if i dont make much sence. i am in a real diller


can you give me any information on what i've said, any info i dont know and could know will be morely than obliged and thankful -


thank you i will be checking up on this shortly thank you for your time !!!
  #2  
Old 08-26-2006, 09:05 PM
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Join Date: Jul 2004
Posts: 4,431
Quote:
Originally Posted by jimmypile
What is the name of your state? - minnesota,

i am 18 years old own the car and was at work when this happen.....

details ------


went to work at 12 noon,
i gave the keys to a friend who had a license, she left, and my girlfriend at the time has my car i'm still at work, i dont know the rest of the details from that or in depth far as where when what. but this is what i do know....

around 6:00 my girlfriend got into a car wreck with my car

herself -

18
no license
driving my car

my car -

94 ford traurus
got hit in the drivers front tire and messed up some stuff in that area pretty good like the strut and rim of the tire what not.
after it was hit, was towed to the "all american towing" costed 145$ to get out.


my girlfriend also said it wasn't her fault, the other person drove and ran a stop sign when it was her go. ( if any of this helps)

far as i know? she went to jail for faulse name ( she tried to use her sisters name and thought she could get away with it )

what should i do... what should i say? ***Say about what? What are you being asked?

what could... and will happen? is basicly what i'm asking ***I see, since the car is yours, you could be liable for the damages.

my step dad says i should press charges to cover my own ass? ***Press charges for what?

- does this make sence? ***The only thing I can think he wants you to press charges is for theft. If that is the case, of course that makes no sense, since you gave her permission.

what will this do? ***If I'm right above, then you could get into trouble for filing a false police report.

he also says if i dont then my car insurance is going to go threw the roof and i'll be paying like 500-1000 for 6months? is this true? ***It is possible you will see an increase in your premiums if you are liable.


what am i liable for? ***Letting her use your car.

or what not? ***If she is found at fault, sue her in small claims court for the damages; if the damages are more than the small claims court limit, you'll have to sue her in a higher court.

sorry if i dont make much sence. i am in a real diller ***If I got everything right above, then you made enough sense to me.


can you give me any information on what i've said, any info i dont know and could know will be morely than obliged and thankful -


thank you i will be checking up on this shortly thank you for your time !!!
First you are panicking and that isn't going to change the situation you are in, right?

You said you don't know all the facts, so if the other driver is at fault, you are stressing yourself out prematurely.
  #3  
Old 08-26-2006, 09:16 PM
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Join Date: Aug 2006
Posts: 6
so what your saying is, i shouldn't be worried as much?

what might happen with my insurrance?
  #4  
Old 08-26-2006, 09:41 PM
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Join Date: Jul 2004
Posts: 4,431
Quote:
Originally Posted by jimmypile
so what your saying is, i shouldn't be worried as much?

what might happen with my insurrance?
Hopefully, you seen all my responses that were bolded in my post answering your questions.

What good is it fretting over, is it going to change the circumstances?

You could see an increase if she is found liable for the damages. Try and sue her for that if that happens.

Was she an insured driver? Depending on the amount of damages, your insurance company may go after hers to recoup the damages.

Contact your insurance company and make a report.

Then you take it one step at a time from there.
  #5  
Old 08-26-2006, 10:44 PM
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Join Date: Aug 2006
Posts: 6
sorry about that last one, i didn't relize you posted and bolded out some of the text....


yeah i never gave her straight up permision i gave her friend the one with the license the permission... and she ended up somewher else later? so i dont know .... but i do know is that my gf is unlicensed and she was driving?
  #6  
Old 08-27-2006, 07:56 AM
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Join Date: Aug 2006
Location: Massachusetts
Posts: 9

Re:


I'm not a lawyer, so don't take my word for definite. But from what I've heard on similar cases, you may not be held liable due to the fact that your girlfriend did not have your permission to be driving the car.

This is something I found for the state of New York: "Every owner of a vehicle used or operated in this state shall be liable and responsible for death or injuries to person or property resulting from negligence in the use or operation of such vehicle, in the business of such owner or otherwise, by any person using or operating the same with the permission, express or implied, of such owner. . ."

In the case that the above law was used, the insurance company refused to take responsibility because the owner of the car, the person to whom the policy was insured, had not expressed permission for the car to be used.

Again, not a lawyer, but its something to look into. Maybe research the laws in your state regarding such occurances, or talk to your insurance company. I'm sure that they would know.
  #7  
Old 08-27-2006, 10:24 AM
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Join Date: Feb 2005
Location: Elgin, IL USA
Posts: 1,089
I am not a legal expert, but the party you gave the keys to (along with your gf) may be liable for knowingly allowing an unlicensed driver to drive the car (which in some states may suspend the license of the person who allowed that). The hard part will be proving it, getting that party to admit it, or other evidence. The word of your gf may be considered unreliable because she already lied about her identity.
  #8  
Old 08-27-2006, 11:03 AM
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Location: South Cackalacky
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Quote:
Originally Posted by wonderlandenvy
I'm not a lawyer, so don't take my word for definite. But from what I've heard on similar cases, you may not be held liable due to the fact that your girlfriend did not have your permission to be driving the car.

This is something I found for the state of New York: "Every owner of a vehicle used or operated in this state shall be liable and responsible for death or injuries to person or property resulting from negligence in the use or operation of such vehicle, in the business of such owner or otherwise, by any person using or operating the same with the permission, express or implied, of such owner. . ."

In the case that the above law was used, the insurance company refused to take responsibility because the owner of the car, the person to whom the policy was insured, had not expressed permission for the car to be used.

Again, not a lawyer, but its something to look into. Maybe research the laws in your state regarding such occurances, or talk to your insurance company. I'm sure that they would know.
Read what you wrote. Just because the insurance company refused to take responsibility doesn't mean that the owner isn't responsible.

Okay. OP, your post is slightly confusing, but you may have cleared it up.

1. You gave permision to a friend to drive your vehicle, and some way, your unlicensed girlfriend ended up drivng, AND she was involved in an accident that wasn't her fault, AND she was arrested for giving false information. YOU need a new girlfriend. If the accident was truly not her fault, then the other driver will be responsible for the damages to your vehicle. If the accident WAS her fault, then the other party will attempt to hold both you and your gf responsible. You didn't state whether or not you had insurance. If you did, then gf will not be covered by the policy. If you did not, then neither of you are covered by any policy.
2. If your vehicle is not insured, there may be penalties for driving without insurance for both you and gf including suspension of license, fines, etc.
  #9  
Old 08-27-2006, 01:25 PM
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Join Date: Aug 2006
Location: Massachusetts
Posts: 9

Re:


Please stop accusing other people of not reading/not paying attention, when I said in the post twice that I am not a lawyer, that I'm just trying to give him something to look into so that he calms down a bit. He's eighteen, he's freaked out, and as a person only a couple years older and just as much in the dark about such matters, I thought I would pass something onto him that may be useful.

He also did say that he had insurance. He's worried about what may happen with it if due to complications with the girlfriend not having a license (here is something I agree with: get a new girlfriend), and lying about her name, somehow partial liability falls on her.
  #10  
Old 08-27-2006, 01:58 PM
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Join Date: Nov 2005
Location: South Cackalacky
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Quote:
Originally Posted by wonderlandenvy
Please stop accusing other people of not reading/not paying attention, when I said in the post twice that I am not a lawyer, that I'm just trying to give him something to look into so that he calms down a bit. He's eighteen, he's freaked out, and as a person only a couple years older and just as much in the dark about such matters, I thought I would pass something onto him that may be useful.

He also did say that he had insurance. He's worried about what may happen with it if due to complications with the girlfriend not having a license (here is something I agree with: get a new girlfriend), and lying about her name, somehow partial liability falls on her.
I didn't say that you didn't read, or didn't pay attention. I simply was stating that what you quoted stated that the insurance company will not pay:
you may not be held liable due to the fact that your girlfriend did not have your permission to be driving the car.

Then, what you quoted was a statement showing that the insurance company would not be held responsible. So what you quoted simply did not "back up" what you said. The quote was stating something completely different. That's all that I was pointing out.

Yes, his dad said that his insurance would go up in the future. I didn't specifically know if he has insurance right now, though. That's all.
  #11  
Old 08-27-2006, 02:14 PM
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Posts: 21,693
OP -
Have you EVER let your girlfriend drive your car in the past?
(I'm leading up to implied permission here...)
  #12  
Old 08-27-2006, 07:41 PM
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Posts: 6
no, never did.....
  #13  
Old 08-27-2006, 07:42 PM
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Join Date: Aug 2006
Posts: 6
i also have full coverage i found out if that helps....
  #14  
Old 08-27-2006, 08:45 PM
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Join Date: Nov 2005
Location: South Cackalacky
Posts: 15,041
Without your permission, she's not covered, so having full coverage will not help unless your insurance company will repair your vehicle as a courtesy (you pay the deductible).
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