What to do if I let my roommate borrow my car and she crashed it?

UPDATED: Mar 26, 2013

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What to do if I let my roommate borrow my car and she crashed it?

It turned out it was her fault, she ran a red light so my car insurance had to cover for the other car expenses. This was my second claim on my insurance, and I am concern my insurance will go up and I will have troubles in the future if I was to ever have an accident. I decided to sell the car to her, but now we have decided to add some sort of pay out due to this accident. I believe this will affect my insurance for at least 3 years, at this point it hasnt gone up yet but I should be reimbursed someway somehow for her crashing and using a claim on my insurance. What can I do legally ? what would be a reasonable amount to add to the asking price for the car ?

Asked on March 26, 2013 under Accident Law, Florida


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It wasn't your fault so I am unsure as to why your insurance company paid out. Was she not an insured driver? If she was uninsured, then you need to seek legal counsel about the fees you would have to pay for insurance. If the insurance costs have not gone up, your claim is not ripe and you really won't have a leg to stand on when trying to enforce a payout. If she has to pay for car repairs, that money needs to go back to the insurance company. If she was insured, you should seek counsel to sue her insurance company for reimbursement.

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