Expert: Ron Cercone - 2/9/2009

Question
I allowed a friend to temporarily borrow my vehicle for recreational purposes. She did some damage to the car, which didn't involve another vehicle. I know my auto insurance is primary in this case, but I do not wish to make a claim for several reasons, not the least of which is the possible increase of my premium and/or deductible. However, she refuses to pay me unless it's through insurance. Is she still obligated to pay the damage? If I take her to court, will I win?

Answer
Hello Rain,

Your friend either intentionally speaks with "forked tongue" or is lacking between the ears, in my opinion.

If she wants your insurance to pay all or part of the damage so she does not have to pay, then will she pay the premium increase for the next 3 years????

And even if your insurance does pay it, they will still "subrogate" against her, that is, try to collect back your deductible for you, as well as the money they paid out. And they will get a judgment against her in court if she ignores the collection letters. And if she tries to avoid the court judgment, they can garnish her wages, bank account, etc. And it will also damage her credit and job opportunities for years to come. Maybe this would be a good lesson for her.

One way or the other she can be leaned on. If you don't turn it in to your insurer, you can sue her in court, and win, as long as you can prove that your car was damaged either intentionally by her or by her negligence (stupidity). A police report is good evidence, if it names her as at fault. Witness statements are also good evidence if there is no police report.

Good luck and I hope you find a better friend than this one.