Legal Question in Insurance Law in Arizona

Car borrowed not insured

I borrowed a freinds car and got into an accident. Come to find out my friend has no insurance on the car I borrowed and now wants to sue me for her damage. The accident was my fault and I'm paying for the damage I caused to the other car I hit. However, I dont belive I should have to pay for my friends damage on her car because she should of had full coverage on her car anyway because she is still fiancing it. Does she have a case?


Asked on 10/31/05, 11:38 pm

1 Answer from Attorneys
James Jenkins Jenkins Law Center PLC

Re: Car borrowed not insured

If your friend has financing the lender would normally have backup coverage, known as "forced coverage," that applies if she fails to pay her premium on her insurance and it is out of force. However, when someone is negligent and damages the property of another the tortfeasor (at-fault party) is responsible to the owner for damages. I take it you did not have a car with insurance of your own? If you did, your insurance might cover the loss. (Cheaper than paying out of your own pocket.) If your friend had insurance with collsion coverage, they might have the right to claim against your for reimbursement, since you are not the insured and you damaged the car.

Hope youare able to work it out.

Regards,

James D. Jenkins

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Answered on 11/01/05, 12:28 am


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