Legal Question in Traffic Law in Pennsylvania

Car mistake

I was selling an old car to a friend in Pa but I live in Va. He came down to get

it and I had told him to take his time on all of the money but I was under the

impression i would get some that day. He had come all the way here so I

signed the title and he left. Bad Idea! I gave him deadlines to finish working

it out and the deadline came and went. My boyfriend lives in Pa so I told him

to drop the car and title off and his house and I will sell it to someone else.

He then told me that he had gotten in a wreck but he intended to fix the car.

Although my car is safe and in my boyfriend's posession it is not in the same

condition it was. I got an estimate and it is more then what he was going to

pay for the car. So I have now given him the option of either fixing it and then

I will sell it or just pay for the car like we had originally decided. Either way he

used the car for 3 weeks for free and he needs to fix it. Now the insurnace

company of the other car he hit is mailing me info about the accident. Will I

be liable for her damage if I wasnt even in the car? If I dont get the money

from him, will taking him to court to fix the damage or get the money for the

car be a good idea? What do I do?


Asked on 2/20/05, 10:24 am

2 Answers from Attorneys
Mark Johns Mark Johns, Esquire

Re: Car mistake

The theory of liabilty against you for the accident would be negligent entrustment. Pa courts have strictly limited this theory to cases involving people who lent vehicles to seriously bad drivers whom they knew were such. I would contact my automobile insurance carrier so that they can properly defend you.

As to the car the driver entered into a contract to purchase the vehicle and as such you are well within your rights to seek damages for the breech of contract. I offer free consultations.

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Answered on 2/20/05, 11:13 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Car mistake

I predict the following: Your friend will neither pay to have your car repaired nor will he follow through with your original agreement and pay the price which you had agreed on. Furthermore, if at some future time you manage to corral him into court and a judgment is entered in your favor that you will never collect on the judgment.

And, finally, you indeed will be liable for the damages which Mr. Pennsylvania caused to the other vehicle while operating your vehicle with your permission which if not manifesterd in a direct damage settlement which you may have to pay the driver of the damaged vehicle, may well appear in the form of higher insurance premiums for you if you stay with your current carrier, unless, perhaps, they conclude that you're simply too risky to carry on their rolls and therefore decide not to renew your policy at the end of its term.

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Answered on 2/20/05, 8:14 pm


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