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My friend borrowed my car and had a single car accident with only property damage.

Los Angeles, CA |

My friend borrowed my car and had a single car accident with only property damage. I turned it over to my insurance comapny, but they are refusing to pay to fix my car. Any suggestions?

Sorry for the lack of information. They said that my g/f's son was 'principally at fault' for the loss for the following reason: Failure to maintain control of your vehicle. I have full coverage on the car. Her son was not given a ticket and was determined to NOT be under the influence of drugs or alcohol. He was driving on the freeway when several cars in front of him got into an accident that created a chain reaction. He swerved to avoid the accident and flipped his SUV. The claims adjuster said that he would have approved the claim had the son hit someone or something, but because he didn't we are out of luck.

Attorney Answers 7


  1. You need to tell us why they won't pay so we can determine whether they are being fair with you. If you don't have collision coverage on the car, they have no obligation to pay. Please provide more details.


  2. You do not give enough facts here. Get a copy of the "policy brochure" and written explanation from your insurance for the basis of the denial. Then you can repost here and/or consult with an attorney. Generally, lending your car to a non-resident friend will be covered, but more info is needed here.


  3. Ask for insurance company for a written explanation why they are denying your claim. Once you get that then we can advise you how to proceed.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  4. You do not provide enough information. Specifically, I need to understand the reasons the insurance company is refusing to pay for the damages. Ask them to send you a letter with their decision that identifies the reasons for their denial. This will allow you to evaluate whether they are justified in their denial. Best of luck!

    Information posted or made available on or through the Site, including without limitation any responses to legal questions posted in Avvo Q&A, information provided in Avvo Legal Guides, and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (collectively "Legal Information") is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege.


  5. Without knowing why the insurance company is refusing to fix it, cannot really offer advice other than first find out why they are refusing to fix the vehicle. If you still need assistance after that, update this question with additional information or post a new question.

    The information you obtain at this site is not, nor is it intended to be, legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action.


  6. If you have the appropriate coverage, have one of the above lawyers in your state hold their feet to the fire. If not, have you friend pay you or take him to small claims court.


  7. There is only so much we can do to help you with the limited information provided. You may want to consult with a local attorney to review the details your car accident and advise you further. Best of luck.

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