If you let someone drive your car and they wreck it who is responsible for damages?

ranger_co_1_75

As you can see from the opposing answers you received, there are opinions on both sides of this issue. This is what is called a "JURY QUESTION". Only a jury can answer it.

In my experience, most likely a jury would tell you to split the damages as you both are responsible. You for loaning the car out, and the driver for hitting the pole.

thumpfrosty

yes . but small claims court here you come.

sensible_man

Even though she is responsible for the accident (and should cover the costs) you could be ticketed for allowing an uninsured driver to operate your vehicle. You can take her to court, but collecting is a whole nother story.

Vorhees a jolly good fellow

Of course she is responsible for damages!!

She borrowed the car from you and totalled it. She obviously knew she was responsible, thats why she offered to pay for it in the beginning. If she knew she was in the right, she would have not offered.

The car was in her posession when it was destroyed. She is responsible for the repairs or to pay the value of the car.

If you are going to take it to court, try to take in a picture of the car before the crash, to show the condition, as well as a picture of the damage she did. I dont know what it is called in America, but there is a site that will give the vehicles value, go to that site and put the vehicles details in and print out the value. That is what the judge will use to determine the value of the car.

If you got the car repaired, make sure you take in the bill from the bodyshop, as well as any other bills you have related to the crash (tow truck, replacement telegraph pole, hire car, MAYBE cellphone calls)

Kathy

she is responible.idont know about legal rights but i no for a fact she is, she was holding her license..but check, if u dont have her on the insurance, then u might have to pay for it but DEFINATELY get her to pay for it, it is wrong, irresponsible and disrespectful for her not to. she isnt worth being a friend if she doesnt pay u, she isnt respecting your rights no matter if its allegal or legal.

rnwallace07

On the surface of your statement, she is not legally responsible, as you gave her permission to drive the car. The cause of the accident may determine if you would be able to take her to Small Claims Court to recover the amount of the deductible on your insurance. Depending upon the written clauses in your insurance contract (concerning other drivers of your car), they may "go after" her to recover the damage amount. But once again, giving her permission to drive your car puts you on the hook for the damage repair.

Kizzy

She is responsible for damages and you'll have to take her to small claims court.

Obviously you don't have collision coverage on your insurance policy. Giving her permissive use does not keep her from having to behave responsibly on the road and she doesn't have to be on your insurance policy to be allowed to drive your car!

moonboy

well the person that owns the car shouldn't have let someone drive the car so it should be the person that owns the car that is responsible

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