Unlicensed Driver Damages Vehicle, No Insurance Claim or Police Report Made

[Sdevita]

My question involves an injury that occurred in the state of: New York

I am a 26 year old unlicensed driver. A few weeks ago I had lost control of a vechile and hit a cement garbage can causing $2700 in damages to the car. The owner let me drive the car and was in the car with me. The owner of the trash can was paid for a new one so no police report would be filed. He did not want to file a police report nor go through his insurance because his insurance rate would go up. He taken the car to a mechanic that came up to us on the scene of the accident and estimated the damage to be $2500, but it ended up being $2700, and the owner paid for the damages. I had paid $1500 to him, but is now threatening to sue me for the remainder. Am I liable to pay the total amount? He did know I only had my permit and let me drive the vechile to practice driving.

[jk]

He did know I only had my permit and let me drive the vechile to practice driving.

so, flip that around; you knew you didn't have a license. See how easy that was?




was what you were doing legal? I don't know the rules of permitted drivers in NY.

[Sdevita]

Yes it was legal

[Mr. Knowitall]

You crashed the car through your act of negligence. Why do you believe you aren't liable for your actions?

Sorry, the notion that if somebody helps you learn to drive, you can stick them with the bill when you crash their car, doesn't work.

[Sdevita]

I never said I wasn't liable to pay, just should I pay for the complete amount? Or does have a responsibility as well?

[Mr. Knowitall]

He didn't crash the car - you did. Why do you think he is responsible to pay for damage you caused?

[Sdevita]

Because he was the one who refused to file a police report and he decided not to go through the insurance. In NY, a police report must be filed if there was $500+ done in damage and a report must be filed within 10 days if the damage was $1000+ or it will be considered a crime. As a driver learning I knew nothing of how it worked. He is a cop and knows the law and went the backwards way out just so his insurance won't go up.

[rreyes79]

I can't tell you the law in NY, but IMO you should only be responsible for paying the amount of the insurance deductible. The decision not to file a claim was his choice.

[Mr. Knowitall]

That opinion and $2 will get you a cup of coffee.

Sdevita, there's no law that says he had to file an insurance claim. But in terms of reporting the accident, beyond being wrong on some of the details of what the law requires, you seem to be confused about whose obligation it is to make the police report.

(a) The driver of a vehicle that is in any manner involved in an accident within this State, resulting in injury to or death of any person, or in which damage to the property of any one person, including himself, in excess of $1,500 (or $500 if any of the vehicles involved in the accident is subject to Section 7-601 but is not covered by a liability insurance policy in accordance with Section 7-601) is sustained, shall, as soon as possible but not later than 10 days after the accident, forward a written report of the accident to the Administrator....

(a) The driver of a vehicle which is in any manner involved in an accident described in Section 11-406 of this Chapter shall, if no police officer is present, give notice of the accident by the fastest available means of communication to the local police department if such accident occurs within a municipality or otherwise to the nearest office of the county sheriff or nearest headquarters of the Illinois State Police....

You were the driver.

[Who'sThatGuy]

I can't tell you the law in NY, but IMO you should only be responsible for paying the amount of the insurance deductible. The decision not to file a claim was his choice.

And if he did file a claim the insurance company would turn around and sue the permitted driver for there money back, making him still out the whole $2700. Where do you get your logic?