What to do if I was driving my girl’s car and had an accident for which I’m being held at fault?

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What to do if I was driving my girl’s car and had an accident for which I’m being held at fault?

I made a left turn but a car crashed into me on the back passenger side. I said to the cop that I was stopped before the turn but the other driver said I pulled out in front of her. The cop believed her. Maybe because my license is suspended. All I know is that she’s not telling the truth. So if my grils insurance is not covering the accident, can she sue my girl because it was her car but she was not there and did now about my license?

Asked on January 30, 2013 under Accident Law, Pennsylvania

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There is a potential that both of you can be sued.  The lawsuit against you would be based on the theory that you were the driver and at fault for the accident.  The suit against your girl would be for negligent entrustment in that she allowed an unlicensed driver access to her vehicle. 

The insurance company may or may not defend either of you.  Many policies will exclude coverage when the driver is not listed on the policy or is unlicensed.  If her policy contains this type of exclusion, you both may need to hire an attorney to defend you should the other person decide to file a lawsuit.


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