Legal Question in Personal Injury in Pennsylvania

My friend borrowed my car to go to Phila. He was supposed to be back with the car the next day. However, that same day, he wrecked the car and left it sit in a parking lot in Philadelphia. At this point, it's been sitting there for 12 days. My car is older and I no longer carry collision insurance. My friend claims he was hit by another driver, but the only thing my friend got from that driver was a name, phone number and a picture on his phone of the vehicle regis. The phone number is dead. The only thing I can read on the regis is the VIN number and the fact that it was issued by the state of CT. Neither one of the drivers called police, so there is no police report. I have asked my friend to pay to have my car towed home, but he has refused. He says it's not his problem since it wasn't his fault. I've asked him to also pay for repairs, but he obviously won't do that either. My insurance won't pay out because I don't have collision and don't have the other driver's information to pursue payment by his insurance company. I finally found a family member who is willing to drive 4 hours round trip to tow my car home, but my car needs a lot of repairs before it will be running again. If insurance isn't going to fix it, I am now without a car. I have no other means of transportation. Is my friend legally liable to pay to have my car towed and repaired? If the car is totaled, is he responsible to pay me for that loss? I have tried to involve my local police to see if they could do anything, but they say they can't. What are my options? Small claims court? I just don't know where to turn.


Asked on 5/25/19, 4:44 am

1 Answer from Attorneys
Richard Teitell Richard K. Teitell, Esquire, P.C.

Sorry for your troubles. Obviously your "friend" is not much of a friend. I see 2 issues. 1- Your "friend" - Whether or not he is at fault in causing the crash is not relevant. He took your car with the understanding that he would return it in the same condition, or at least obtain the proper information so you could make a claim against an at-fault driver if there was a collision. He did neither. I don't think a judge will be happy with him. You may have a breach of contract type claim against him. I don't know if you can collect on any judgment you may obtain. If your car is worth less then $12,000 you can sue in the local DJ court. Your claim is for the amount of repairs or the value of your car, whichever is less. 2- Claim against other driver- With the VIN you should be able to find out the name of the owner. Check web site for the state of CT for its equivalent of PennDot & see if you can make an online inquiry or obtain vehicle owner info in some way & supposed ins info- name of ins co & policy#. See if the owner's name matches the driver name. In any case write to the owner & call the ins co & put them on notice of your claim for car damage. Take photos of your car & get a repair estimate & submit the tow bill. 3- Good luck!! And get better friends!

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Answered on 5/25/19, 6:20 am


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