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I let my friend borrow my car and he got into an accident but its not his fault because someone else hit him. Who is liable?

Aiken, SC |

I let my friend borrow my car and I was not in it and he got into an accident. He was not the cause of the accident because the person in the other car ran into him and we have a police report that backs up that statement. My car has not major damage. However, I just wanted to know will the person who hit my car still be liable for it , eventhough I was not in my car?

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Attorney answers 3

Posted

Fault is not always determined by the police report but based upon the limited facts you have given you may be in the clear. I assume your vehicle has insurance too?

Asker

Posted

Well, it shows in the report that the person who hit my car was the cause of the collision and mines was not. My vehicle has insurance and the person who was driving my car was insured too

Ryan S Montgomery

Ryan S Montgomery

Posted

Then the order would normally be the insurance of the at-fault driver unless there is some grounds for them to deny or there is no coverage. Are you worried about your property damage or was the driver of your car injured?

Posted

If the facts are as you say the other driver should be liable however if he is uninsured collecting could be a problem unless you have insurance .

Asker

Posted

So if I let someone borrow my car, even when I wasn't in it and they get into an accident because someone hit them then the person who hit my car is still liable basically?

David E Ledyard

David E Ledyard

Posted

Yes so long as the facts are as you presented them. If however you did what car rental companies do and first entered a written contract where you agreed to loan him your car in exchange for his promise to bring the car back in the same condition he received it then he could be liable for the damages to your car even it wasn't his fault. If you have insurance you can always turn it in on your insurance and let them sort out who is at fault.

Asker

Posted

Will I still need the person who I let drive my car insurance?

Posted

It should not matter that you were not driving your car if your goal is to hold the person who hit your car laible for damage to your car.

Asker

Posted

Will I still need, the person who was driving my car insurance information them ?

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