What will happen if I crashed into unlicensed driver who borrowed his friend’s car?

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What will happen if I crashed into unlicensed driver who borrowed his friend’s car?

I crashed into unlicensed driver who borrowed his friend’s car. The police determined he was not at fault, I was. Both cars are insured, however I assume both insurance companies will deny coverage because the driver was unlicensed and therefore not included on the owner’s insurance policy.

Am I liable to pay in such a case?

The car is worth 1000 or less. Can/will the owner of the car sue me, and for how much money?

Asked on September 16, 2016 under Accident Law, New Jersey

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Since you were at fault in the accident, the fact that the other driver was unlicensed does not alter that conclusion.
The registered owner of that vehicle can file a property damage claim with your insurance company.  Property damage is the cost of repairs or if the vehicle was totalled because the amount of damage exceeds the value of the vehicle, the registered owner could recover the value of the vehicle.
If the case is NOT settled with your insurance company, the registered owner could file a lawsuit against you for negligence.  Given the value of the vehicle, the case could be filed in Small Claims Court.  The amount of damages (monetary compensation) the registered owner is seeking in a potential lawsuit against you would be the cost of repairs or the loss of the vehicle if it was totalled.
I assume that there weren't any injuries in the accident since you did not mention it.


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