My friend was driving my car and got into a car accident. Who is responcible?

[luniara]

My friend got into a car accident with another vehicle while driving my car. There was a police report made and she was cited for running a red light. I have liability insurance coverage on my car, she has comprehensive insurance coverage. She claimed that she is not at fault but showed me a police citation she received stating that she was witnessed running a red light when another vehicle her into her and thus my vehicle. She unfortunately didn't give me the other driver's information at all an I have no idea what the true state of the other driver is or if he plans on filing any kind of claim. Who is typically responcible in this situation, the car owner or the driver?

We are in Minnesota state. I don't know what the state policy is on this. Car insurance is mandatory here for all drivers.

I should also mention that the title is under my husband's name. I am the second name on his insurance. He was unaware that my friend took his car.

[JasonRS]

the driver

[KAM]

you are because insurance and registration is in your name. they may get a ticket but you are resposible.

[carphreak05]

The car owner I would assume, because you're the one responsible for your own car.  But I'm sure you can file some sort of appeal that says you weren't driving the car while it was in an accident.

[PatrickArace]

i think that it would be your friend's fault.

[launchman20852]

typically they will go after the driver first, then the owner

[xBMWM3GTR]

If you gave permission to drive the car, the car is at fault, and therefore you are at fault unless your friend is listed as a driver on your insurance, which I doubt. However, laws vary in states.

[charlie_t]

The one responsible is the driver. However you shouldn't expect to be left alone because it was your car, you could also be in trouble. Especially depending on what state you live in.

[KennethS]

It is your car and you the registered owner. that means you take responsibility for whoever drives it.  did she or the other person not call the cops at the scene of the collision? you might be able to sue your friend for the damages. your insurance company will pay for the other driver, but not for yours because you have only liability. DOES Not matter if he knew or not. you are his wife and you are on the policy as well. If i was him..i would be very mad.

[jarretpcurry]

Unfortunately, your insurance would be the policy against which a claim would be filed.  I know this because I was rear-ended last year by a young lady who was driving her sister's car.  (I am in settlement negotiations now.)

[johnb]

As the owner of the car, you are responsible, and your insurance company will have to pay for the other car's damages.  You can sue your friend if she refuses to take any responsibility.  You can get the information for your insurance company by going to the police station and getting a copy of the accident report.  It will also show that your friend was ticketed for running the red light, you'll need that if you take her to court.  Good luck.

[fanella]

Is your friend's name on the insurance as the second driver? If not, she shouldn't be driving your car. Unfortunately once you let her borrow your car you assumed the responsibility of her actions



From a moral stand point, I'm in disbelief that your so called friend is not making things easier for you. You were nice enough to let her borrow your car, and whether the accident was or was not her fault, she still had an accident and should take responsibility for it. You should really ask her to cooperate with you and give you the info you need.  



I can't imagine doing something like that to a friend and not feeling like crap about it.  If she's not feeling that way you should really consider having her as a "friend".



Best of luck .

[gearnofear]

Your friend is clearly responsible.  As to the MONEY part of this.  Make a claim with your insurance company and give them a copy of the ticket, your friends contact information, the name of her insurance company.  If your friend gets defensive and won't allow you to see or copy the ticket go to the police station with proof you own the car that was in the accident and request all the paper work on the accident, And also all the information you need as to the other driver will be in the reports.  

When you have all this your insurance company will contact her (your friend's) insurance company to pay for the accident.  Your rates will likely NOT go up.  And you can say to your friend "I didn't know my insurance company was going to do that"  SO you may be able to be Friends again..



Its a good idea not to lend your car to people without getting proof of insurance first

[domino877]

You loan your car, you loan your insurance.  She will fall under the definition of an insured because she drove with your permission.  You can give permission on a car in your spouse's name.  You report this to your insurance company because the insurance follows the car, not the driver.  They will ask for all of your friend's info - name, address, phone # & possibly her insurance info.  It is possible if your limits become exhausted, your friend's liability can become secondary.

There was a police report so therefore the other drivers information will be on it.  Your insurance company will get a copy of the police report & contact the other driver.  They will also probably need a statement from your friend so they will contact her too.

[Christine]

In MN if you borrow your car to somebody and they cause an accident YOUR liability coverage will apply to them and pay for the damages they caused.



Since you only have liability insurance and no collision coverage then you are stuck paying for your own car repairs out of your own pocket (just like if you were driving) unless your friend wants to be nice and pay for the damages themselves.



Any coverages your friend has will not apply to repair your car.