A friend of mine crash my car but won't use his insurance?

by Lanngtu86 » Tue Feb 19, 2008 08:04 am

My friend crashed my car, he told me he had insurance so i let him drive it. Now he refuses to use his insurance to pay for the damage. Can i do anything about it to make him pay for it?

Total Comments: 4

Posted: Wed Feb 20, 2008 03:32 am Post Subject:

I don't believe there is much you can do aside from taking him to a civil court, which is your best option. What did he hit?

Posted: Wed Feb 20, 2008 05:11 am Post Subject: He hit another car

He hit another car. Well the police come and everything and determine he was at fault and he was driving.

Posted: Wed Feb 20, 2008 07:30 am Post Subject:

You can file the claim under your insurance and later on let the insurance company go for subrogation and collect the money form him. You may consult with your insurance agent regarding this possibility. Another option is to sue him in the small claim court if the volume of damage is quite within the limit of small claim court. At times, you may even don't need a legal practitioner to represent you in the court.

However, if there is any third party liability issue, as he hit another car, then as the rightful owner of the vehicle the liabilities will fall on you. Your auto insurance then will act as the primary coverage and your friend's policy will perform the role of the supportive one if in case the worth of the damage crossed the limit of your policy.

Posted: Wed Feb 20, 2008 06:11 pm Post Subject:

Yes, you can file suit against your friend. If the amount is low enough, you can file in small claims court. If you go through insurance, your policy would be primary (if you had collision coverage) as the driver should meet the definition of an insured under your policy and the vehicle is listed on your policy. Lacking collision coverage under your policy, there is a _chance_ if he has _collision coverage_ that this _might_ be extended on an excess basis.

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