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Car Accident Injury Law Information about liability for automobile accidents, and for injuries resulting from auto accidents.

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Old 07-26-2005, 11:26 PM
needadvice needadvice is offline
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Location: CA
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Default Car borrowed without permission, and driver crashed it
My car was borrowed with out my permission, and the borrower got in to an accident. It was apparently not very serious, but the borrower did not obtain any information from the other driver, instead giving his driver's license, phone number and my plate numbers and telling the other driver to call. No police report was filed.
The other driver has not called, and I want to report this to the police and DMV. I think I'm going to need a legal record to show that I was not present and the car was taken w/out my permission.
However, I don't want the borrowed to get in trouble for taking my car (I'm angry and want him to be held responsible, but not to be charged with theft). If I got to the police to file a report, will the borrower be arrested? It's been more than 10 days since the accident, and I know I need to have reported to the DMV (but without the other party's information, how could I have?)
I have insurance, and would like to report to them as well.
I want to do the right thing. Any advice?
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Old 07-27-2005, 07:59 AM
aaron aaron is offline
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Default Unreported Car Accident
There is, of course, the possibility that your friend didn't inform the other driver of his identity, or how to reach him. It wouldn't be the first time somebody "borrowed" a car, got into an accident, fled the scene, and lied to the car owner.

If you file a police report, and state that the car was taken without your permission, there is a possibility that your friend will get into legal trouble. However, if you falsely state that you gave your friend permission to take the car, you will leave yourself open to liability should the other driver seek to recover damages from the incident, and you may also change the posture of the case with your insurance company. Your insurance company will probably want a police report before it will process your claim.
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