Legal Question in Personal Injury in California
Auto accident-other person driving
My son's car was totalled in an accident while a friend was driving the car (son as passenger). No other cars involved-accident seemingly caused due to excessive speed under present road conditions. Our insurance paid sum minus $500 deductable for totalled car. I asked son's friend to reimburse $500 since he was driving and responsible. He refuses to pay. Question: Would I have a case in small claims court to recover $500?
1 Answer from Attorneys
Responsibility of borrower of car
I think so. If you didn't have insurance, you would probably have a claim against him for the entire value of the car. The fact that you had insurance may change the amount of his liability, but not the underlying principle.
You should check with your insurance carrier before you do anything. They may already be planning legal action against the driver to recoup their outlay, and they may be able to recover your $500 in the process. This would also be less hassle for you.
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