Matteson, IL asked in Traffic Tickets, Car Accidents and Insurance Defense for Illinois

Q: I'm uninsured and someone lets me drive their car also is uninsured, i got into totaled the car, i do i have to pay?

got into an accident and totaled the car*, is it required to pay them?

2 Lawyer Answers
Randy Bryan Ligh
Randy Bryan Ligh
  • Traffic Tickets Lawyer
  • Baton Rouge, LA

A: If you are at fault in the accident and do not have insurance, then the victim or other party's insurance company very well may make demand on you and/or sue you for the damages. Also, it may impact your driving privileges. Depending on your financial situation, you may want to consult a bankruptcy attorney and see if that is the recommended route for you---it may or may not be.

Charles Candiano
Charles Candiano
  • Personal Injury Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: Pay who?

Other Car

If you were at-fault and anyone was injured or any property was damaged, you are responsible for all damages and injury that flowed from the accident. If there was another car involved and that car had insurance, it would have filed a claim under its uninsured motorist provision (UM claim) to cover property damage to that vehicle and injuries sustained to any passengers of that vehicle. That insurance company would have an action against you, personally, to recover all money that it paid on that claim. Your driving privileges would remain revoked, in all jurisdictions, until such time that you entered into a repayment agreement with the insurance company or successfully discharge the debt in bankruptcy.

Your Friend's Car

If you're asking about whether you are obligated to pay the owner for the total loss of the vehicle which you borrowed, it is my opinion that you have an ethical obligation to pay the owner because they lost their vehicle as the result of your negligence.

If you drove the vehicle for any reason that in some way benefited the owner of the vehicle (e.g. running an errand for the owner), then you and the owner have what is called joint and several liability, to repay the insurance company. This means that the insurance company can collect the entire debt from either or both of you.

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