Do I need a lawyer if my friend totaled both another’s car and mine but I wasn’t insured?

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Do I need a lawyer if my friend totaled both another’s car and mine but I wasn’t insured?

My friend wrecked my car and totaled both cars. I didn’t have insurance and the other person did. She had to go to the hospital for stitches in her head. Also, I was told he had a alcohol level of .07. I also owe 3 more payments on my car. Will the car place sue even if I pay them off?

Asked on July 2, 2012 under Accident Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If someone whom you allowed to drive your car was at fault--as he would almost certainly be if he had the BAL you mention--injured another person and/or totalled her car, you (and your friend, too), could be sued by that other person and/or her insurer for her medical costs, lost wages, her car, and possibly pain and suffering for serious injuries. Also you will still owe the last three payments on your car to the dealer or financing company; if you were purchasing (not leasing) the car, they should not have grounds to sue you if you finish paying them off--but again, can be sued by the other person for any costs not picked up by insurance, or by the insurer, to recover the money it pays out to her.

You can potentially sue your friend to recover money from him, since he was evidently (from what you write) at fault.

If you are sued or sue your friend, you should retain an attorney.


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