Legal Question in Personal Injury in California

I loaned my daugher my car to school and she let her friend drive it. I wasn't aware we had a lapse in coverage on our insurance until I contacted them (got reinstated few days later). The problem is that her friend assumes full responsibility but her insurance is asking us to fill out paperwork stating we authorized her to use the car. The other party's insurance is asking us to sign an affidavit stating we didn't have insurance. Should we fill out these forms and if we do, are we liable for anything? I don't want it coming back to me later on and especially if her friend claims full responsibility. What are our obligations and choices?

Thank you so much!

Linda


Asked on 8/06/10, 12:30 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

I assume there was an accident. The other party wants the affidavit of no insurance from you so that it could seek recovery from his/her uninsured motorist policy. If you sign a declaration that you authorized this friend to drive the car, I'd be concerned that you could be on the hook for what her insurance company pays to the "innocent" third party for negligent entrustment of the vehicle.

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Answered on 8/11/10, 4:34 pm


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