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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42658
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My friend "X"drive my car and a accidient occur( I wasn't on

Customer Question

Hi, my friend "X"drive my car and a accidient occur( I wasn't on the car). I don't have a third party insurrance so we have to pay it in full. But the problem is, "X" told me he had asked me about the insurrance and he insist I told him I do have it. However, the truth is he asked me if I have insurrance and I told him I do (I was referring to the green slip-compulsory third party insurance). Then he asked if I have the Third Party Insurrance and I disagreed. So I am not sure if it was my fault and i dont know if i need to pay some of the lost.
Submitted: 8 months ago.
Category: Australia Law
Customer: replied 8 months ago.
no injury in the accidient, my car was totally destroyed and the other car had been send to repair. It was "X"'s fault as he was about to make a left turn at a T juction and he did not wait for the car going straight. I want to know if I have to pay for the damaged car and if "X" have to pay for my car.
Expert:  Leon replied 8 months ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.

If your friend is the one that is at fault he is liable.

He can say what he wants in court it does not change he is at fault.

The issue here is you allowed him to drive and you can be sued but you have to join him if you are sued.

You were not the driver he was and he is at fault. I assume the police were called and they have also charged him with negligent driving.

You cannot be held liable for the damage because you did not have insurance. He was the driver and he was at fault.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon