Skip to main content

Accident when driving friends car. He has insurance I don't , was deemed my fault. Fair resolution?

Long Island City, NY |

I was driving a friends car that was impaired and it was shown I was partially at fault. It was an actual accident. I was sober, aware and doing the speed limit. The insurance company ruled it 75 percent my fault. No fault coverage will cover the minor injuries but he has no collision insurance. Since it was partially my fault, the other drivers liability will only partially cover the damage.

He is asking that I pay for the remaining damage. What is the fair legal way to do this? I did the responsible thing and drove the car and had permission to do so. I was unaware he did not have any collision insurance and I have none of my own. His car is actually pretty new and would be a lot of money. What is the fair way to do this or is this something that is not so cut and dry?

I am an honest guy and would like to do the right thing but do not want to get cheated. Is there a general resolution to this type of case or is this up to us or the courts to decide?

Attorney Answers 7

Posted

The ruling of the insurance company is not the deciding factor on issues of liability. If you have automobile insurance, you should turn the matter over to your own insurance carrier for coverage. You were the driver of the vehicle and you have the duty to maintain insurance coverage when driving on the roadways. If you were liable for the accident, you will have responsibility for the damages. You should contact a local car accident lawyer for consultation and advice.

Mark as helpful

6 lawyers agree

4 comments

Asker

Posted

I don't have insurance since I don't have a car. I was driving as designated. He has insurance but no collision. Since I was part fault , other parties liability only covers part of car damage. I wanted to know if there is a clear cut answer of payment for this type of situation since accidents happen and collision is voluntary coverage which he chose not to get

Richard Todd Rosenstein

Richard Todd Rosenstein

Posted

I am not sure what driving as designated means. You damaged another person's vehicle. If you are responsible for the accident, you may have liability.

Asker

Posted

I was a designated driver. He was under the influence so I took the wheel. It was an accident which was deemed more my fault but an accident none the less. Usually on an expensive car people have collision but this was not the case

Richard Todd Rosenstein

Richard Todd Rosenstein

Posted

The fact that the owner of the vehicle did not maintain collision coverage does not relieve you of responsibly for your negligence. If you caused the accident, you are responsible.

Posted

The ins co determination that you were 75% at fault isn't legally binding However, to the extent you were at fault, you should pay that percentage of the damage. The fact he didn't have collision coverage is not relevant to the percentage of fault or damage. His lack of insurance is no excuse for you.

Mark as helpful

4 lawyers agree

Posted

Simply turn it over to your own insurance company to sort out, and don't lose sleep over it.

Mark as helpful

6 lawyers agree

Posted

Check to see if you have an insurance policy in the household you live in, it may cover you driving someone else's car. That includes a relative or even a stranger in the household you live in. Bring a copy of the entire insurance policy or all occupants of the household you live in to an attorney to review.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely.

Mark as helpful

6 lawyers agree

Posted

Report this to your insurance company, and if you were injured, if your in pain, consider calling a local injury attorney to see what your rights are and if you can get money for your injuries. good luck

Mark as helpful

2 lawyers agree

Posted

There are no general resolutions of cases. Each case is decided on its own facts. Turn this over to your insurance company.

Mark as helpful

2 lawyers agree

Posted

Just turn it over to your insurance company. That's why you have it for situations like this. Why did the other insurance company say you were 75% at fault? If you disagree with this you should discuss this with the insurance adjuster. Sorry for your accident. Good luck.

*This information should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Mark as helpful

1 lawyer agrees

Lawsuits and disputes topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics