Am I liable?

What is the name of your state? Texas
My friend and I had had a few drinks. We headed back to his apartment. After crossing an intersection, we rear-ended a minivan going 40-45mph. My friend's car was totalled; we decided that the van, which had gone about a quarter to a half mile down a highway full of traffic, even remaining in the same lane, was drivable. My foot was the only injury. Because I was in far better condition to drive, and my friend has a DUI already, we told the cops I had been driving the car. He asked me if I had been drinking, and I told him I had had a few -- re: 3, in the space of 2 hours. Then he gave me a partial field sobriety test -- the "pen stare." He seemed satisfied that I was sober, later commenting that I was close, but I was on the right side of the drunk line.
He took my personal info, not including insurance. I signed a medical release. He took my friend's insurance info. He did not give my friend a field sobriety test. However, the police were aware that we had both been drinking. We were not ticketed. We were told we could leave. We did.
My questions, then, are:
Which if the two of us is liable -- under the story we gave? I've gathered that some states and some insurance carriers hold the owner responsible for damage incurred by "uncovered" drivers if the owner has given said driver consent to drive the car.
However, my friend's insurance company has already said they want my insurance to cover the damage.
I'm not sure if Progressive -- my and my friend's carrier -- acribes to the aforementioned liability philosophy. It seems they do not.
Also, if we were to come clean, what legal implications might our falsification/misrepresentation have?
Because the legal aspect of the accident seemed to have subsided when we left the scene, it seems we are now beyond any prosecution stemming from the details of the accident itself. Would confessing open us to any charges related to the "inaccurate" accident report?
Is this only a financial matter to be dealt with through insurance companies now?
My friend has agreed to compensate me for any extra expenses precipitated by sticking with our story. However, because this sort of "friends and business" situation sends up a lot of red flags, even when it involves a trusted friend, I don't think its impossible that I will find myself picking up the entire tab, insurance premium increase included. Hence, I would rather my friend confess, if the legal repercussions for lying are not greater/more complicated than those we would face by sticking with the story. Is it in my best interest that he confess?
Also, I assume my friend's insurance will cover the damage to the other vehicle. Is this the case?
I would appreciate any advice.

[abezon]

You're both idiots. You filed a false police report, interfered with a poolice investigation, destroyed evidence (he got sober), & committed insurance fraud. A traffic ticket is the worst of your problems. Run-don't-walk to a defense attorney & discuss your options.

in response to the question, you better stick to your story at this point... the insurance issues pale in comparison to what would happen if you changed your story... id rather pay more for insurance than possibly face jail time...

anway, in response to the question, you better stick to your story at this point... the insurance issues pale in comparison to what would happen if you changed your story... id rather pay more for insurance than possibly face jail time...

These idiots have committed no less than three offenses (and at least one felony) and you tell them to continue with the charade?

[HomeGuru]

[quote]Originally posted by pishtosh
[b]as much as i agree with the fact that what he did was wrong, im disgusted with that response... who in the hell do you think you are saying something like that... everyone makes mistakes in life, and its certainly no business of yours to judge someone to that extent... all you've done with that statement is prove that you aren't to be taken seriously, and you have the maturity level of a toddler...

**A: you have a pish poor attitude.

wow... you guys sure do like to stick together, dont you?

Originally posted by hexeliebe
Who give's a crap what you would rather do? These idiots have committed no less than three offenses (and at least one felony) and you tell them to continue with the charade?

Seems your parents could have used that gift certificate.

excuse me for being practical.... yes, i would absolutely look out for my best interests in a situation like that if, heaven forbid, i was placed there...

[HomeGuru]

Originally posted by pishtosh
wow... you guys sure do like to stick together, dont you? someone makes a comment that another person should have had his life prematurely ended b/c of a minorly poor decision in life, and the rest of you asshol.... gentlemen, rather, support the idea... im glad i dont live in your world...

**A: stop getting pished off.

im not upset at all... and although i live in texas, i have never been in a situation even remotely similar to yow's... i have a clean record, and it will stay that way...

[dequeendistress]

"I have a clean record"

Well that is great news!

[JETX]

"Which if the two of us is liable -- under the story we gave? I've gathered that some states and some insurance carriers hold the owner responsible for damage incurred by "uncovered" drivers if the owner has given said driver consent to drive the car."
*** Presumably, you mean liable to the other party for the damages, correct?? If so, YOU are.

"However, my friend's insurance company has already said they want my insurance to cover the damage."
*** Yep, by falsely claiming you were driving, you 'inherited' the liability.

"I'm not sure if Progressive -- my and my friend's carrier -- acribes to the aforementioned liability philosophy."
*** See above.

"It seems they do not."
*** In Texas, the OPERATOR of the vehicle is required to have 'proof of financial responsibility' (insurance). This is covered in Tex Trans Code (§ 601.053):
"Evidence of Financial Responsibility
(a) As a condition of operating in this state a motor vehicle to which Section 601.051 applies, the operator of the vehicle on request shall provide to a peace officer, as defined by Article 2.12, Code of Criminal Procedure, or a person involved in an accident with the operator evidence of financial responsibility by exhibiting:
(1) a motor vehicle liability insurance policy covering the vehicle that satisfies Subchapter D or a photocopy of the policy;"

"Also, if we were to come clean, what legal implications might our falsification/misrepresentation have?"
*** Already explained sufficiently by others.

"Because the legal aspect of the accident seemed to have subsided when we left the scene, it seems we are now beyond any prosecution stemming from the details of the accident itself."
*** No you're not!! The conduct by both of you makes EACH of you liable to potentially severe criminal and civil actions.

"Would confessing open us to any charges related to the "inaccurate" accident report?"
*** Also, previously advised.

"Is this only a financial matter to be dealt with through insurance companies now?"
*** Only the civil portion.

"My friend has agreed to compensate me for any extra expenses precipitated by sticking with our story."
*** How much do you want to bet that he won't. Do you really think he is going to compensate you for your increased insurance premiums for the next three years?? And this doesn't even account for the VERY likely issue of civil lawsuit(s).

"However, because this sort of "friends and business" situation sends up a lot of red flags, even when it involves a trusted friend, I don't think its impossible that I will find myself picking up the entire tab, insurance premium increase included."
*** Finally, a spark of at least SOME intelligence!! You had us wondering there for a while.

"Hence, I would rather my friend confess, if the legal repercussions for lying are not greater/more complicated than those we would face by sticking with the story. Is it in my best interest that he confess?"
*** Of course it is. Both of you need to learn to be responsible for the repercussions of your actions.

"Also, I assume my friend's insurance will cover the damage to the other vehicle. Is this the case?"
*** The OPERATORS insurance will cover.

"I would appreciate any advice."
*** Run, do not walk, to a local attorney and start the process of resolving this problem.