Legal Question in Insurance Law in Virginia

Re: who really has to pay?

This is going to be weird. As the driver of the car with permission from the owner, you are an insured driver. So there is coverage, but it comes from mom's insurance, and only if she gave notice to her insurer of the accident. If you have a car of your own, notify that carrier, too. That policy will probably not respond, but at least put the company on notice of the loss. If she fails to cooperate, just fine and dandy: wait for her to sue you, and then speak to _your_ insurance company, if you have one. If not, then you're going to need to speak to an attorney about the paperwork that needs to be filed to get the case taken care of, and it's going to be tricky.

We can begin with the premise that the person for whom you did this favor is no longer your friend. Or she will not be by the time this war is finished. You need to send a letter to Mom, advising her that since a claim has been made against you, and you are an insured under her policy, you need to know the name of her insurance company and the address to which notice of the claim needs to be sent.

Of course, the insurance company probably has a defense, in that it did not receive notice of the accident promptly. Mom may have a viable claim against her insurance broker for failure to recognize where the coverage is and/or failing to advise Mom accordingly.

This is a mess. However, as long as you did not trash the car intentionally, you should come out okay.