Legal Question in Insurance Law in California

I allowed my friend to borrow my car when he got in an accident

I allowed my friend to drive my car back from the airport after dropping me off at the airport with it. He got into an accident on the way back and he insists that I pay the damages to my car and the other car through MY insurance. What rights do I have and who should pay for the damages? We already fixed our car with our own insurance and face a much higher premium and paid a deductable. Is there a legal way to make him pay premium differences and the deductable? Also the other car is demanding repair and again the friend insists that I pay though my insurance again, raising the premium, etc. etc. please help. Thank you.


Asked on 11/29/00, 5:19 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: I allowed my friend to borrow my car when he got in an accident

It is not your decision to make. This is something the insurance companies workout between themselves using the California insurance code and insurance coverage law which can be very complex. However, there is a code section under the insurance code that states that the insurance covering the car, rather than the driver, is considered the primary insurance and does a first.

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Answered on 12/04/00, 12:50 am


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