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I was driving my friends car home because he was too drunk and he told me to drive . I hit a guard rail and totaled the car .

Spring Valley, NY |

No one was hurt and no other cars were involved . His car is just totaled . Can he sue me ?

Attorney Answers 8

  1. Yes. Don't post more facts. Were you ticketed, as well?

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff

  2. Yes your friend can sue you for the damages caused to his car. He can also make a claim for bodily injuries against you even though at the present, you don't believe that he was injured. Please be sure to contact your own auto insurance company and report the accident. You will also need to report the accident to your friend's auto insurance company as that carrier will have to defend you in the event of a claim brought against you.

    Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.

  3. Yes but you are covered under his insurance so if he has collission insurance then there is no difference in suing you or just making a claim with his carrier.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

  4. As my colleagues have indicated, the answer is yes. Post no more information here and put all carriers on notice of a potential claim. You may want to speak to an attorney BEFORE making any statements to any carriers however.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.

  5. I agree with the other posters. I do think you should put your insurance on notice. Your friend's insurance may want to subrogate against you.

  6. Yes - he could sue you. You should have coverage under his insurance policy, although, I would report the matter to both your carrier and the car's owners carrier.

  7. Yes. Depending on whether he has collision coverage, his insurer may have paid for the car less any deductible. He would then have a claim against you for the deductible. Do not go into detail on this site. It may be discoverable during any litigation.

    The underlying facts for each situation are unique. Any responses given are for informational purposes only and are not designed or intended as professional legal advice, since any suggestions may not apply to your specific circumstance. This information exchange does not create an attorney-client relationship of any kind. Should you determine that you need immediate legal assistance or action , you should contact your local Bar Association for a referral to an attorney in your area.

  8. Simply report this accident to his insurance company to resolve.

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