Q: Who's responsible for damages?
Accident back in March i let the driver drive my car i was passenger he was speeding doing 80 in the snow crashed into a wall totaled my car. Liability coverage only. He said he would pay for my car. I have messages to prove. Now he's going back on his word telling me to take him to court. Can i sue him even tho i gave him permission to drive or do i have to take a loss and not bother even taking him to small claims court?
A: You can sue him. However big question is can you collect uninsured motorist on your policy. For that I'd have to see the policy--even if you don't have uninsured, if they didn't get the correct forms signed by you and in some other circumstances I've seen clients get uninsured. (Liability if you are making the claim is excluded --and for some policies so is uninsured in these circumstances--but that depends on policy language).If he has car insurance, you have a claim against that.
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