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  1. #1
    Join Date
    Aug 2011
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    Default Tandem Parking Accident While Helping Friend Move Car. What is My Liability

    Los Angeles, CA

    I was asked by a friend to move another friend's car from tandem parking. While backing out, I side-swiped the parking garage pole.

    I find someone to fix the 2007 Honda Accord, the friend speaks to the guy and approves, I wrote a deposit check to order parts, days later my friend demands OEM parts, warranty, blended paint, etc. She then gets quotes elsewhere for $2000, whereas my guy would have fixed it for $500.

    She has since contacted my body work guy and gotten him to agree to send the check back (I have not received it yet).

    I have now offered to pay her insurance deductible, but she says she'll tell StateFarm I was driving and they will chase me for recovery.

    Actual vehicle owner is mother in OH, car registered in OH, insurance in OH. She is threatening small claims.

    What is my liability?

    If they file against me in small claims, will the mother be required to file in person? Will she be required to appear in court? Or can the daughter stand in her place? What should I do?

    All advice will be GREATLY appreciated.

  2. #2
    Join Date
    Mar 2009
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    LA LA Land
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    Default Re: Tandem Parking Accident While Helping Friend Move Car. What is My Liability

    Quote Quoting Haohmaru
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    I have now offered to pay her insurance deductible, but she says she'll tell StateFarm I was driving and they will chase me for recovery.
    It is possible that they will come after you!

    Quote Quoting Haohmaru
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    What is my liability?
    Your liability is to indemnify her, as in make her whole, as in restore her vehicle to its original condition prior to the accident. While that does not necessarily mean a $2000 repair bill, it does not imply that a $500 repair job should satisfy either.

    Quote Quoting Haohmaru
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    If they file against me in small claims, will the mother be required to file in person?
    Nope. Assuming the forms are signed by her, and they include the required fees, she can file by mail if she wants!

    Quote Quoting Haohmaru
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    Will she be required to appear in court?
    Nope. She can submit a written declaration in lieu of a personal appearance. And frankly, her case isn't that difficult to articulate in written form!

    Quote Quoting Haohmaru
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    Or can the daughter stand in her place?
    Nope, that won't work!

    Quote Quoting Haohmaru
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    What should I do?
    Well, if you have insurance on your vehicle, I would check with your insurer, you might be covered through your own policy. Other than that, the decision to pay or not to pay is ultimately yours.

  3. #3
    Join Date
    Aug 2011
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    2

    Default Re: Tandem Parking Accident While Helping Friend Move Car. What is My Liability

    It is possible that they will come after you!
    Is there implied permission on her part, since the keys were handed to me? I did not take the keys. Also, it is almost certain (although I know that's not nearly legal but am hoping some common sense will factor in) had we called to double check about moving her car, she would have said "yes" since she was no where near to move it herself.

    Your liability is to indemnify her, as in make her whole, as in restore her vehicle to its original condition prior to the accident. While that does not necessarily mean a $2000 repair bill, it does not imply that a $500 repair job should satisfy either.
    What about 'imperative liability'? Another lawyer (not property damage) said that might factor in & the blame would be shared between myself and the friend who asked me to move the car & handed me the keys (maybe even the daughter since she gave the keys to her room mate and technically is not the owner).

    Nope. Assuming the forms are signed by her, and they include the required fees, she can file by mail if she wants!
    Nope. She can submit a written declaration in lieu of a personal appearance. And frankly, her case isn't that difficult to articulate in written form!
    An insurance adjuster here said I would likely be found liable for her deductible. What do you think?

    Thank you very much 'That Guy' for your advice. :-)

  4. #4
    Join Date
    Mar 2009
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    LA LA Land
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    Default Re: Tandem Parking Accident While Helping Friend Move Car. What is My Liability

    Quote Quoting Haohmaru
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    Is there implied permission on her part, since the keys were handed to me? I did not take the keys. Also, it is almost certain (although I know that's not nearly legal but am hoping some common sense will factor in) had we called to double check about moving her car, she would have said "yes" since she was no where near to move it herself.
    "Implied consent" to move her car does not translate into zero liability for damages incurred during the process. Also, can you assume that "Implied consent" can be granted by a third party?

    For example, I give you the keys to my car and say "here... in case you need to move it"... If you happen to run into a pole when moving it, does that mean that my consent relieves you of any liability? No, you'd still be responsible for the damages.

    Additionally, (adding a third person)... Does my consenting to allow you to move my car translate into you being able to hand my keys to someone else to move it? And does that relieve you and/or the person who moved it from liability? It is still "no" IMO.... But more to your point, is the friend who is in between liable for damages when in fact, he/she assumed that you would do so carefully and without any damages? I still don't think so!

    In other words, her consent, whether implied or expressed, directly or through a third party, does not relieve you from liability when in fact, it is presumed that you moving her car would be done carefully and without causing her any damages!

    Quote Quoting Haohmaru
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    What about 'imperative liability'? Another lawyer (not property damage) said that might factor in & the blame would be shared between myself and the friend who asked me to move the car & handed me the keys (maybe even the daughter since she gave the keys to her room mate and technically is not the owner).
    I'm not sure how that would work... And whether she can sue him/her as well or whether she can simply sue you and you, in turn, can sue the other friend. Either way, the presumption that no damages should have resulted is still valid. At the end of the day, the damages were caused by YOU and ultimately, the liability for repairs is yours to carry! That is how I see it...

    Quote Quoting Haohmaru
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    An insurance adjuster here said I would likely be found liable for her deductible. What do you think?
    Well, I disagree with ecmst12's contention that you were driving "with her permission"!
    You are liable for her damages... And while you can try and make an argument that she should be partially compensated by her insurer, her insurer would likely succeed in recovering any payment amounts made to her... UNLESS you can find a clause in her policy that covers other drivers. But even then, the "permission/consent" issue might be an uphill climb!

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