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My friend gave me permission to drive their car. I was in an…

Customer Question
My friend gave me...

My friend gave me permission to drive their car. I was in an accident that was my fault. They now want to sue me for the amount of their increased car insurance premiums. Can they do that?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Oregon

Lawyer's Assistant: What steps have you taken so far?

At the time of the accident, I offered him cash, in the amount I though he would be out, so that he would not have to claim it on his insurance. He said no, that he thought he " could do better by claiming it on insurance". He now wants to me pay him the amount of his increased insurance premiums.

Submitted: 4 months ago.Category: Legal
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Customer reply replied 4 months ago
When should I expect an reply?
Answered in 10 minutes by:
3/15/2018
Lawyer: Loren, Attorney replied 4 months ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,828
Experience: 30 years experience representing clients.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

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Lawyer: Loren, Attorney replied 4 months ago

They can not sue you for the increase in your premium. That is between you and the insurance company and is not something you have any control over.

They can only sue you for negligence and be awarded the damages for the car.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Customer reply replied 4 months ago
It's not my insurance, it's the car owners, so I am confused by your reply. Also, if their insurance company already compensated them for the car, how would damages for the car that they could sue for be calculated?
Lawyer: Loren, Attorney replied 4 months ago

Sorry, meant their premium. They can not sue you for the increase in their premium. You are only liable to them for the damage to the car, not for the insurance premiums.

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Lawyer: Loren, Attorney replied 4 months ago

If the insurance company paid out then it is the insurance company that would sue you in a subrogation claim for the money they paid out on the claim due to your negligence.

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Lawyer: Loren, Attorney replied 4 months ago

Are you still online with me?

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Lawyer: Loren, Attorney replied 4 months ago

I have to step away, but I will be back. If you have further questions, just post them here and I will reply when I return.

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Customer reply replied 4 months ago
If they gave me.permission to drive the car, can the insurance company still sue?
Lawyer: Loren, Attorney replied 4 months ago
Having their permission is not a legal defense to negligence.
I am sorry. I wish I could tell you otherwise, but I do not want you blindsided.
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Lawyer: Loren, Attorney replied 4 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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