If someone is responbsible for a total loss on your car, can they be legally responsible for payback of the loss?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If someone is responbsible for a total loss on your car, can they be legally responsible for payback of the loss?
My friend hit someone in the back and total loss my car that I only had liability insurance on I wanted to settle out of court but the process is along to long so I’m thinking of legal action.
Asked on September 9, 2017 under Accident Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If someone is at fault in damaging or destroying your car, they are liable, or responsible, for the lesser of the cost to repair or the car's then-current fair market (or "blue book") value. If your friend was driving your car and hit another person from behind, which is what your question seems to indicate, then your friend was the at-fault and legally liable person; he is the one responsible for your loss. (The person hit from behind would not be liable; the law makes the rear drive in a collision like this liable, since he/she should have maintained a safe following distance and speed and been paying attention, so he could stop in time.) You friend would be one who owes you compensation, and if he will not pay it voluntarily, you could sue him for the money.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.