Truck Damage Caused By A Friend

[ssduff]

Over the labor day weekend, my friend drove my truck and when we pulled into my driveway she hit the fence and dented the side of my truck. She promissed she would have her body guy look at it and she would pay for the damage. The quote is $500.00 and now she says she only wants to pay $250.00 because she drove me home because I had too many drinks so she thinks I am 1/2 responsibile. That she did me a favor! And, now she wants me to make a false claim on my insurance, stating that when we left the concert my car was damaged. Is she or isn't she legally liable for the damages?

[ssduff]

Truck Damage Caused By A Friend

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Over the labor day weekend, my friend drove my truck and when we pulled into my driveway she hit the fence and dented the side of my truck. She promissed she would have her body guy look at it and she would pay for the damage. The quote is $500.00 and now she says she only wants to pay $250.00 because she drove me home because I had too many drinks so she thinks I am 1/2 responsibile. That she did me a favor! And, now she wants me to make a false claim on my insurance, stating that when we left the concert my car was damaged. Is she or isn't she legally liable for the damages?

[jk]

Unless somebody else did something to cause the accident, it is all on your friend.

[Clair Bonner]

Unless somebody else did something to cause the accident, it is all on your friend.

Why? Because, by law, when a person gets behind the wheel of a vehicle, that person is "the captain of the ship," having care, custody, possession and control of that property; not the owner. Also, your friend made a choice; that is, she could have said "No," or "Let's call a cab," or "Let's call a friend." Instead, your friend made a conscious choice to agree to be the driver, thereby taking full care, custody, possession and control of that vehicle.

Let's look at this another way. If your friend was speeding, and received a traffic violation, would you have been responsible for the fine? No, because you weren't driving.

It makes no difference, under the law, why your friend was driving. The only fact that matters is that you had no input, as the passenger, concerning "how" that "ship" was being guided. A passenger, in the absence of some overt act, has no negligence for damages caused by the driver. You didn't cause your friend to do property damage, and like "jk" said, "it is all on your friend."

[DW2469]

I agree with the above replys, and im no expert here, but just something to think about, you ins. should cover any damages caused by anyone you authorize to drive your vehicle provided there leagal, hitting a fence in your yard should fall under comprahensive, and not collision, so , why dont you file the claim, and let her pay the deductable if any, unless your deductable is 500.00 or more then you have to pay the damages any way and it wouldnt be worth filing.
but with that said, I'm sure it was a acident, did she intend to hurt your truck? and is 500.00 for a minor dent worth a friendship?

[ssduff]

Why should I take the ding on my driving record for her bad driving?

[Happy Trails]

She is liable; sue her in small claims court.