I’m an unlicensed and uninsured driver that has gotten into an accident

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Dec 27, 2011

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Insurance Question from Saratoga Springs, NY

Asked on 12/27/2011

I’m an unlicensed and uninsured driver that has gotten into an accident I was moving a car for a friend who had borrowed someone's car. I hit a temperary fence, which had resulted in some damages. Because I technically did not have consent from the driver, I offered to pay for the damages and etc. Apparently she had filed the claim with her insurance and told me that I needed to pay a $500 deductible as well as the damages which is $1500. Should I have to pay for both if she filed the claim.

Answer given on December 29, 2011

If she has filed a claim, she would have had to advise the insurance company that you had consent to move the car or the claim would not have been paid. In this case, you can advise her that you can reimburse her for her deductible. If she still demands that you pay for the damage do to the fact that “she had to file a claim and her insurance company had to pay causing a claim against her record”, you can contact her insurance company and reimburse them. Just to let you know, this still will not erase the claim from her record. Some people feel you are responsible whether their insurance company pays them or not.  I would let her know you will reimburse her for deductible and like wise reimburse the insurance company for any payments.    

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