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-   -   Who is liable? (https://www.askmehelpdesk.com/showthread.php?t=188067)

  • Feb 25, 2008, 09:31 AM
    KarenMac
    Who is liable?
    My boyfriend borrowed his friend's car, he then had an accident. His insurance has paid the other driver but now his friend told him that he didn't have him added to his insurance as he initially said he would. His friend is demanding we pay the bill to have the car repaired. Who is legally liable to cover the cost of the repairs?
  • Feb 25, 2008, 09:41 AM
    excon
    Quote:

    Originally Posted by KarenMac
    Who is legally liable to cover the cost of the repairs?

    Hello Karen:

    The person who did the damage - not the guy who spaced out getting coverage. Besides, if your boyfriend wanted to make sure he was covered before he drove, he certainly could have. He didn't. He relied on his friend to look out for him instead. That wasn't a good idea.

    excon
  • Feb 25, 2008, 10:00 AM
    KarenMac
    Quote:

    Originally Posted by KarenMac
    My boyfriend borrowed his friend's car, he then had an accident. His insurance has paid the other driver but now his friend told him that he didnt have him added to his insurance as he initially said he would. His friend is demanding we pay the bill to have the car repaired. Who is legally liable to cover the cost of the repairs?

    Hi excon

    Thanks for your reply - very timely! How would he have checked his insurance position? When in the past, people have borrowed his car, he has been the one to make the phonecall and put them on his insurance. What should he have done?

    Karen
  • Feb 25, 2008, 10:00 AM
    KarenMac
    PS: What Koolaid?
  • Feb 25, 2008, 10:17 AM
    excon
    Hello again, Karen:

    You ask questions like a person who doesn't take responsibility for their own actions. I don't know how HE would have done it. I know how I would have done it.

    If it were me, before I drove the car, I would have called my own insurance company to see if I was covered. If I had no car or insurance, I would NOT have taken my friends word that he added me. I would have wanted to see the rider, or I would have wanted to hear the conversation with his agent, or I would have made the call myself.

    Yes, that's a lot more work. And, yes it might have resulted in my NOT driving my friend's car when I needed to. But, I never run into situations where I'm not covered, because I watch my own back, and I don't rely on others to do it for me.

    Of course, if you can't take the time or don't want to do those things, then there are consequences for your actions.

    Look. There was a time in my life when I couldn't pay all the insurance that a citizen is required to have, so I understand being broke. But, I at least, realized that I was the one taking the risks and never tried to shift them off on my friends.

    Bottom line. Your b/f was driving. Your b/f is responsible.

    excon
  • Feb 25, 2008, 11:31 PM
    Justice Matters
    Even if your boyfriend was listed on his friends policy it does not mean his friend has to file a claim with his insurance company since this would result in a rate increase.

    Consequently, whether insured or not or if a claim is filed or not your boyfriend would be responsible for something whether it be the repairs to the vehicle or the costs of the friend's increased insurance premium plus the deductible.

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