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  1. #11
    Join Date
    Oct 2014
    Posts
    7,204

    Default Re: I Let My Friend Borrow My Car and He Got into Fender Bender

    Quote Quoting travel888
    View Post
    I found some phone texts from him saying he was just going to use my car to move some of his stuff locally. Can this be used as proof that I didn't really give permission for him to drive it 3 hours away?
    Look, you gave him the keys and told him he could drive it. He had the car with your permission. Maybe if you had expressly told him he could not drive it for any other purpose than driving locally you might successfully argue that he was driving without permission. But you didn’t do that, apparently. You are simply trying to say the limit on use of the vehicle was implied based on what he told you he planned to do, and that’s not likely to work. In any event, you need to tell the insurance what the situation is and it would make the call as to whether it will pay any claim. This is not really the big deal that I think you fear it is.

  2. #12
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,607

    Default Re: I Let My Friend Borrow My Car and He Got into Fender Bender

    Did you or did you not give permission to drive your vehicle?

    It doesn't matter if you gave permission to drive the vehicle around the block or two states away. You gave permission. The vehicle wasn't stolen, it was lent out with permission from the owner.

    The next time you give permission for anyone to drive your vehicle, make sure that you trust them 100%, because once you give permission, you take all responsibility of what the driver doe's while operating that vehicle.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  3. #13
    Join Date
    Sep 2015
    Posts
    5

    Default Re: I Let My Friend Borrow My Car and He Got into Fender Bender

    Taxing Matters,

    Ok thank you. So if my insurance will Not pay the claim, then will I need to pay it or who will need to? And this is ONLY if the guy "claiming" damages can prove it right? My friend showed me the photos and there is no damage on either car b/c the other guy will going at 2miles/hr from a parked position but he's claiming neck injury now?! How easy will that guy be able to fake docs for whiplash/bodily damage?

  4. #14
    Join Date
    Mar 2013
    Posts
    16,868

    Default Re: I Let My Friend Borrow My Car and He Got into Fender Bender

    Quote Quoting travel888
    View Post

    Ok thank you. So if my insurance will Not pay the claim, then will I need to pay it or who will need to?
    If your insurance company doesn't pay it will be because it has investigated and found that your driver was not at fault. Then, if the other driver sues, your insurance company will defend you and your driver.

    Quote Quoting travel888
    View Post
    And this is ONLY if the guy "claiming" damages can prove it right? My friend showed me the photos and there is no damage on either car b/c the other guy will going at 2miles/hr from a parked position but he's claiming neck injury now?! How easy will that guy be able to fake docs for whiplash/bodily damage?
    There's no way to predict that. Suffice to say that your insurance company will investigate an injury claim very carefully.

    This is the third day that we've been telling you to notify your insurance company.

    Have you done that yet?

  5. #15
    Join Date
    Oct 2014
    Posts
    7,204

    Default Re: I Let My Friend Borrow My Car and He Got into Fender Bender

    Quote Quoting travel888
    View Post
    Taxing Matters,

    Ok thank you. So if my insurance will Not pay the claim, then will I need to pay it or who will need to?
    If your friend was negligent, he would be liable to pay for any damages he caused to others as result of his negligence. If your friend was not negligent, then neither of you would be liable to pay anyone else anything from the accident.

    You would only have to pay if the injured person could successfully make an argument that you negligently entrusted the vehicle to your friend. In that case both you and your friend would be liable. Negligent entrustment cases are hard to win. In addition to proving your friend negligent, the injured person also needs to show evidence that you knew or should have known your friend was not fit to drive (for example, that he was visibly intoxicated when you gave him the keys, etc). Without that a negligent entrustment case against you wouldn’t succeed.

    Of course the injured party must not only prove negligence, he or she must also prove that the accident caused him/her injury and what the damages were from that injury.

  6. #16
    Join Date
    Mar 2013
    Posts
    16,868

    Default Re: I Let My Friend Borrow My Car and He Got into Fender Bender

    And let's emphasize the difference between liability and coverage.

    The driver could be liable for causing the accident.

    The OP could be liable for negligent entrustment.

    Or neither could be liable for anything.

    Either way, they are both covered by the OP's policy. The OP as Named Insured and the driver defined by the policy as "an insured" by driving the OP's vehicle with the OP's consent.

    The policy will either pay on behalf of both or defend on behalf of both.

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