Legal Question in Personal Injury in Pennsylvania

Auto accident in a borrowed car, Who pays if the owner doesn't report it to insu

My sister-in-law borrowed a friend's car and had an accident. She fell asleep behind the wheel and hit a telephone pole. Under normal conditions the owner's insurance would cover property damage (telephone pole) and the car damage. In this case the owner is refusing to report the accident to her insurance company and she expects my sister-in-law to reimburse her for all damages to the car. Can her friend not report this to her insurance company and expect my sister-in-law to pay for damages? My sister-in-law's auto insurance is covering her medical expences. But who is responsible for the car's damage?

Thank You!


Asked on 9/02/03, 3:36 pm

1 Answer from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

Re: Auto accident in a borrowed car, Who pays if the owner doesn't report it to

His insurance wouldn't cover the deductible in any event, and your in-law would be liable for that. So she should ask her own insurance company if they will pick up the loss.

She (your in-law) has to realize that as someone who borrowed a car, fell asleep, and crashed it, she is not in a position to command sympathy or demand that other risk higher premiums to save her money. If the owner had declined collision coverage, she'd be liable for the damage, so what the owner does regarding their insurance is pretty much their business.

(obviously, the owner is afraid of making a claims history; the insurer may get a report of the accident anyhow; and if so, it may or may not impact future premiums or renewals. But as I said, that's their business).

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Answered on 9/02/03, 3:59 pm


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