Am I liable for a scratch on a friends car if he willingly gave me permission to drive it?
Question Details:
I recently put a scratch on a friend of mines car. He willing gave me permission to drive it. The deductible is $500 which I offered to pay. He does not want to make an insurance claim because his premium will go up. Instead he got an estimate for $1,200 and is threatening to sue me if I don't pay it. Does he have a case?
Auto Accidents Law Answers
You are liable for the scratch on your friend's car. Your friend could sue you for negligence. Negligence is the failure to exercise due care (that degree of care in this case that a reasonable driver under the same or similar circumstances would have exercised to prevent foreseeable harm). The fact that your friend gave you permission to drive the car does not relieve you of liability for negligence because you would still have to exercise due care in driving the car.
Your friend has to mitigate (minimize) damages. Damages means the amount of compensation your friend is seeking to recover in a lawsuit against you. In order to mitigate damages, your friend will need to get the car repaired at a repair shop whose charges are comparable to other repair shops in the area. For example, if your friend selected the most expensive repair shop, his/her damages will be reduced accordingly.
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