What to do if I was driving my mom’s car when I hit apatch of ice and slid off the road?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I was driving my mom’s car when I hit apatch of ice and slid off the road?

The insurer considered the car totaled and the amount still on the loan was $900 greater than the assesed value. I called the highway patrole when the accident occurred and the officer found me not guilty of any traffic violation. Yet now the in surance has approached me with a bill for the complete value of the car. What are my options?

Asked on May 9, 2013 under Accident Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Even if you did not commit a traffic violation, if you were negligent or careless in any way--such as by driving faster than was appropriate for conditions--the insurer can try to recover the money they paid out (the car's value) to their insured (your mother). You could refuse to pay and force them to sue you in court, where they would have to prove by a "preponderance of the evidence" (i.e. that it is more likely than not) that you were at faut.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption