If I was involved in an at-fault accident while operating someone else’s vehicle but she asked me to drive and did not tell me that she only has liability insurance, who is liable to pay?
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If I was involved in an at-fault accident while operating someone else’s vehicle but she asked me to drive and did not tell me that she only has liability insurance, who is liable to pay?
The accident happened in Madison, AL, on Friday, September 22nd around 1030 pm. Both of us reside in Charlotte, NC. It was a long road trip and we were splitting the drive between the 2 of us.
We already had about 10 hours under our belt when the accident happened. We stopped by a hotel to pick up another teammate. After we had all piled back into the car, I was turning right out of the parking lot into the right lane onto a road with 2 lanes in each direction. The front passenger was navigating and told me to make a U-turn. I checked the mirrors and moved into the left lane. The other car must’ve been in my blind spot, and I ended up sideswiping them. Then, 2 days after the accident, the vehicle owner told me that she only had liability insurance. We agreed that I would pay for repairs parts and labor. Four and a half weeks after that, she asks for me to pay for a rental car for her. I told
her I would not pay for a rental car. Now, 2 1/2 weeks after that, she is threatening to pursue legal action. What am I actually liable to pay? What is her responsibility?
Asked on November 15, 2017 under Accident Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If you were at-fault, you are liable or responsible for all costs she incurred as a result of your actions, including the repair cost and a rental car for a "reasonable" period of time (such as while her car is in the shop being repaired). If you don't pay these amounts, she could sue you (e.g. in small claims court) with a reasonable probability of winning.
At-faut drivers are liable for all damage, costs, and losses the cause, including those of the vehicle owner.
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