Legal Question in Personal Injury in Pennsylvania
Liability issues in borrowing a car from a friend
My son(20 years and a student) borrowed a car from one of his friend to go to store. While his car was parked in the parking lot of the store, another car hit in the back and did some damage to it. He came out of the store and saw it. He told his friend about the insident and also asked if this to be informed to the police.
About (2) weeksafter the accident, my son called and told me that it cost his friend $1200 to repair the car and he is asking my son to pay the complete bill. About (4) day's after the conversation I got a letter from my son's friends mother asking me to pressurize my son to pay $1200. In response I wrote her back that it would be fair if we split the cost 50/50. I get a reply from mother of my son's friend declining my offer and standing firm on her demand.
My question is what are the consequeces, if I don't pay anything at all ( which I really don't want, and at the same time I also do'nt want to pay the full amount as they are demanded)
What are my options, stayind inside the law."�"
1 Answer from Attorneys
Re: Liability issues in borrowing a car from a friend
Classic law school question.
Actually, the other car's driver / insurance company would be responsible for all the damage. If that driver fled and was not identified, that option is out.
Next, the car owner's insurance should pay the damages, less deductible. Their rates shouldn't be affected because the car was parked. That would only leave the deductible at issue. If they didn't have collision coverage, that option is out.
Now to the question you did ask about:
Legally, we're talking about a bailment. That means, simply, having someone else's property in your possession.
Under the law, if the parties haven't made any other agreement, the borrower does not guarantee the condition of the property, but has a duty of care to take reasonable steps to safequard the property. If the loan is for the borrower's benefit, his duty is higher than if, say, he's doing it as a favor for the owner.
Thus, under the strict letter of the law, your son would be liable for the damage if he was careless or negligent. If he parked in a proper parking space, it's hard to see how he can be faulted.
I might suggest, in passing, that young men have been known to understate their responsibility in fender-benders and if your son didn't immediately report the accident to police, his story is going to be doubted.
Nevertheless, while your son might not have a strictly legal obligation, I believe he has a very clear MORAL and ETHICAL obligation to pay for the damage (assuming the car owner can't recover through the insurance I mentioned above).
This is one of those sitautions where there's a gap between what is legal and what is right. Just imagine if the shoe was on the other foot: you kindly lent your car to someone, they returned it banged up, and they expect you to pay for the damage. That wouldn't be fair at all.
So my advice, which is personal, not legal, is to ask the car owner to submit the claim to their insurance and reimburse their deductible.
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