Legal Question in Civil Litigation in California
Driving without a license and hit a car
My ex friend(were not friends because of something else) and I were at school and she had another class across campus and she asked if I felt comfortable and could drive and meet her. I hit a car and a police report was filed but I did not have to go to court or anything. Her parents decided to try and pay to fix the car around the insurance company so their rates would not go up. I told my friend I would pay half because my friend knew I was driving but I was upset and we told everyone including her parents that I was ''surprising her by picking her up''. I forgot about that fact when my parents told me that her parents want me to pay the whole 3000 because ''I took her car without permission'' and that their insurance rates have gone up. I'm gonna tell the truth that we lied and I'm gonna stick to my plan of paying only half because she did give me permission. Could she take me to court saying that she did not give me permission? and if she did we she have a good case. and also if their insurance went up doesn't that mean that they paid to fix the car and even if they didn't fix the car shouldn't they the whole point was to keep it off their insurance and its on there anyway. I just want to know before I go and talk to her family.
1 Answer from Attorneys
Re: Driving without a license and hit a car
Insurance rates are not immediately increased; the increase occurs at the end of the policy years when the new policy is offered at a higher amount. A property damage incident counts as one point for the three year span considered and not all insurance companies will raise their rates for having just one point. They will not raise the rate unless they have to pay something out on the accident. So it would appear that the insurance company has already paid for all the damage to the other car and probably all the damage to your friend's car that is above her deductible amount [if both cars insured by the same company they may waive the deductible].
If it was reported as your having used the car without permission then the insurance company would not pay anything. So her parents must have reported that you had permission to drive the car.
Anyone can sue, the question is whether you can win. It would be a situation of your word against her word, but the judge assume that if you had a key to the vehicle then you also had permission to drive.even though you had no license and legally could not drive. The problem you have is that even with full permission to drive the car, you are still fully responsible for the damages you caused, even though your ex-friend was also negligent in having you drive. So you should lose in court.
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