Legal grounds for auto repair

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Legal grounds for auto repair

I know someone who rented me his car for a month. While driving it, I had an accident and now he wants me to pay his deductible to get it fixed. I am too broke for that, but have a friend who can fix it much cheaper than his deductible. If he is not willing to work with me and my mechanic friend, does he have legal grounds to sue me for the repairs or his deductible?

Asked on May 13, 2009 under Accident Law, Florida

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You fail to state whether or not you had any agreement with him in writing or otherwise regarding responsiblity for damages should you have an accident while "renting" his vehicle.  Assuming there was none, since you were driving his car with his permission, his collision coverage should take care of the damage to the vehicle less his deductible.  If you have auto insurance, you could make a claim to cover the amount of the deductible.  He could also choose to sue you for the deductible  in small claims court and if you were at fault for the accident, he would likely win. He does not have to go to your mechanic friend.  As long as his insurance company is paying for the damage, he can go to whoever he wants for the repairs.


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