What to do if you let someone borrow your car and they get into an accident and refuse to pay for damages?

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What to do if you let someone borrow your car and they get into an accident and refuse to pay for damages?

If insurance denies coverage, is the driver obligated by law to pay for the damages?

Asked on November 7, 2013 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If the driver was at fault, then either the driver or the car's owner is responsible to pay for damages. A third party could sue either or both of you for compensation; you, in turn, could sue the driver for any costs or liability you incur, whether in terms of paying compensation to a third party (such as another driver or a pedestrian) or in terms of damage to your own car. Your recourse, therefore, is to recover any damages, costs, etc. from the person who borrowed your car, which you can do--if he or she does not voluntarily pay--in a lawsuit.


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