Expert: Bennie719 - 11/15/2007

Question
QUESTION: i was doing my friend a favor by driving him home as his dd. during the ride home i got into an accident with his car. he and i only had liability insurance which covered the other party. who is responsible for his car ?

ANSWER: Hi Jacob,
Under Insurance Law, the policy covering the car is the primary coverage.
Although you will still be considered at fault, his policy is the one that pays first.  
If the damages are so major that they exceed his policy limits, then your own policy is in the background as extra protection.
I trust this has been of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area 11-13-07 6:00 PM PST

---------- FOLLOW-UP ----------

QUESTION: yes, but would i be responsible for the loss of his truck in small claims court ? or would it be looked as a loss due to his lack of coverage ? because he chose to accept any liability for his truck  whether caused by him , an act of god , an uninsured driver , or me . right ?

Answer
Hi Jaacob,
I'm assuming that your so called 'friend' is demanding that you pay for the damage to his truck, even though if he had driven, he would probably wrecked the truck and been cited for DUI.
You were the driver and are legally responsible for the damage.  Considering the circumstances, I think that's it's unfair of your friend to make the demand now.
Under different situations, if you had borrowed  his truck
for your own personal use, and then wrecked it, you should
be willing to pay for the repairs.
My suggestion is to offer to split the damage 50/50.  If your friend finds this unacceptable, then tell him to go ahead and file small claims.
After hearing the full circumstances, the Judge can decide that you owe nothing, 50% or all the damage.
Personally, I would offer 50% and if that is not acceptable
I would take my chances  in court.
Your feedback will be appreciated.
Sincerely,
Bennie
11-14-07