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Old 09-09-2012, 03:06 PM
 
6,610 posts, read 9,038,285 times
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If you borrow someone's car, you borrow their insurance as well because insurance follows the vehicle. Accidents Involving Lent or Borrowed Vehicles

I think the confusion here is about financial vs legal responsibility...if someone wrecks your car, then your insurance is liable - but you are not responsible for any illegal activity of the borrower. You can't be held liable for someone else's actions just because they are driving your car, but you can be held financially responsibile for damage through your insurance company.
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Old 09-09-2012, 03:54 PM
 
Location: East Side of ATL
4,586 posts, read 7,711,684 times
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Quote:
Originally Posted by JoeTarheel View Post
If you borrow someone's car, you borrow their insurance as well because insurance follows the vehicle. Accidents Involving Lent or Borrowed Vehicles

I think the confusion here is about financial vs legal responsibility...if someone wrecks your car, then your insurance is liable - but you are not responsible for any illegal activity of the borrower. You can't be held liable for someone else's actions just because they are driving your car, but you can be held financially responsibile for damage through your insurance company.
and civil court as well but you are correct.
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Old 09-09-2012, 04:27 PM
 
32,026 posts, read 36,796,625 times
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Quote:
Originally Posted by JoeTarheel View Post
You can't be held liable for someone else's actions just because they are driving your car, but you can be held financially responsibile for damage through your insurance company.
That is to say, the owner's insurance company may pay, but not the owner personally.

If you're the owner and you've got a $15,000 policy and the damages are $100,000, you still don't have to pay anything personally.
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Old 09-09-2012, 04:44 PM
 
Location: East Side of ATL
4,586 posts, read 7,711,684 times
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Quote:
Originally Posted by arjay57 View Post
That is to say, the owner's insurance company may pay, but not the owner personally.

If you're the owner and you've got a $15,000 policy and the damages are $100,000, you still don't have to pay anything personally.
I don't believe that is true, Arjay. They will just get a judgement against you but you can't squeeze blood from a turnip but in most cases, they will just take the policy limits and call it day but that doesn't mean you are safe from your assets being attached by the courts.
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Old 09-09-2012, 08:27 PM
 
32,026 posts, read 36,796,625 times
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Quote:
Originally Posted by PKCorey View Post
I don't believe that is true, Arjay. They will just get a judgement against you but you can't squeeze blood from a turnip but in most cases, they will just take the policy limits and call it day but that doesn't mean you are safe from your assets being attached by the courts.
I don't believe there's any way to get a judgment against the owner for simply owning the car and loaning it to somebody else, PK.

The driver could get tagged for more than the policy limits, and like you say, would probably just walk away or declare bankruptcy.

However, you can't hold the owner liable unless they knew the driver was incompetent. The fact that their insurance may cover the driver doesn't have anything to do with their personal liability.

I'm pretty sure that's how it works.
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Old 09-09-2012, 09:18 PM
 
Location: Cartersville, GA
1,265 posts, read 3,462,535 times
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Quote:
Originally Posted by arjay57 View Post
I don't believe there's any way to get a judgment against the owner for simply owning the car and loaning it to somebody else, PK.

The driver could get tagged for more than the policy limits, and like you say, would probably just walk away or declare bankruptcy.

However, you can't hold the owner liable unless they knew the driver was incompetent. The fact that their insurance may cover the driver doesn't have anything to do with their personal liability.

I'm pretty sure that's how it works.
You are probably right. However, a person can sue anyone, for any reason. Period. The probability of plaintiff in this case winning the lawsuit might be low, but the plaintiff can nonetheless compel the owner of the vehicle to defend themselves in Court.
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Old 09-09-2012, 09:48 PM
 
Location: Smryna
69 posts, read 189,607 times
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Quote:
Originally Posted by ToucheGA View Post
You are probably right. However, a person can sue anyone, for any reason. Period. The probability of plaintiff in this case winning the lawsuit might be low, but the plaintiff can nonetheless compel the owner of the vehicle to defend themselves in Court.
and this is my point. Going to court can cost thousands of dollars per day, lawyers aren't cheap. This could easily exceed the limits of most policies. and you will have to pay the lawyers out of your own pocket, even if the plaintiff loses, then you can recover some of those fees. But unless you are like the dude on the Geico Motorcycle Insurance TV spot, and made of money, you will most likely have your life turned upside down. you can lose your home, your savings (if you have one), and your reputation is put on public display. Most trial lawyers work on a retainer basis plus a fee schedule if they have to go to trial. Ever priced what this can cost? A good defense isn't cheap. Ask OJ Simpson.

I am sure Mr. Jacobs (aka JJ) is questioning his "taking care of Frampere" in light of the situation. I wonder what his family, assuming he has any living relatives, think of this?

My point is one has to consider all of the risks involved. You may not think anything of loaning your car to a friend, or relative, but in the end, it can cost you bigtime. I am not saying Mr. Jacobs had any mal intent, but let's just say I know many an older folk who think of paying maybe a little too much attention to women 1/3 their age, and all I am saying is this can be the financial end of them and all they've worked for all their lives over crap like this.

It's all about choices and consequences. Speaking of, anyone want to wager Mr. Jacobs will most likely get dropped by his auto insurance carrier, and it will be pretty difficult for someone to ever be insured again. Insurance companies do share data on claims payed out, in addition to credit reports, etc when rendering decisions on who they will (and will not) insure, and for how much.
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Old 09-10-2012, 09:10 AM
 
Location: Kirkwood
23,726 posts, read 24,872,089 times
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Sure a lot of part-time attorneys on this board!
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Old 10-12-2012, 06:28 PM
 
Location: East Side of ATL
4,586 posts, read 7,711,684 times
Reputation: 2158
B98.5 radio host may sue bars after crash | www.wsbtv.com

Quote:
The driver was going the wrong way on Georgia Highway 400 when she crashed into him August 24 and died.

A toxicology report showed her blood alcohol content was .219, nearly three times the legal limit of .08.
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Old 01-08-2013, 11:27 AM
 
651 posts, read 1,562,914 times
Reputation: 342
another one last night
GSP: Wrong-way driver killed in I-985 crash | www.wsbtv.com
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