Am I legally responsible to pay for damages if I had an accident in a borrowed truck?

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Am I legally responsible to pay for damages if I had an accident in a borrowed truck?

I borrowed a friend’s truck and accidentally knocked off one of the rearview mirrors. Now my friend is asking me to pay for the replacement mirror ($300) but I simply do not have the money to give him right now. He’s threatening to sue me in small claims court, and I’m just curious if I am legally liable to pay for the repairs since he willingly loaned me the truck. Shouldn’t his insurance pay for it?

Asked on May 8, 2012 under Accident Law, Texas

Answers:

Robert Slim / Robert C. Slim - Attorney at Law

Answered 9 years ago | Contributor

Since this incident did not involve any other person or vehicle, I cannot see how you wouldn't be found responsible.  The fact that your friend voluntarily loaned you the vehicle arguably makes it even more likely that you would be found legally responsible for the damages.  Additionally, the fact that your friend has insurance makes no difference as to your legal liability.  If he does file it on his insurance, then you would be responsible to reimburse the insurance company (if they choose to seek reimbursement from you).  However, I doubt your friend will file this claim on his insurance since it probably won't even exceed his deductible.


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