Drive Way Accident

[Drisco]

Alright folks here an issue that's happening between two of my friends.

Janet and James are in a battle right now.

So James is at the bar drunk and he asks Janet to come pick him up if she wants to. She doesn't have a car so he said she can take his. While backing out of the driveway Janet hits Danny's car. It costs like 1000$ to fix Danny's car and Janet is saying that James should pay the damages.

So James thinks it's her fault because she was the only person in the car and hit Danny's car because of her poor driving skill. He doesn't wanna pay for it or go through his insurance since the deductible is 500$ and he doesn't want it to go up. He says she was stupid for hitting him.

Janet thinks that because she was driving his car and going to pick him up that he should pay for half or go through his insurance.

Danny doesn't care, he just wants his car fixed.

Janet apparently called a lawyer and he said that it was James's responsibility. I don't know what story she told him or if he's just trying to get a case but I feel like it's all on Janet.

What are you guys thinking? Canada Law, PEI to be exact.

[WRoss]

If he gave her permission to drive his car, he is liable. The insurance company of Danny should have already filed to James.

BTW, do you have their last names, SSN and DOB?

[AestheticDeath]

I would say it is up to James to take care of Dannys car through his insurance, and if janet is not a total bitch, she will pay the $500 deductable to james, since it was her driving, her fault.

If she can't drive any better than that, she shouldn't be trying to use another persons car.

Tell him to call a cab next time.

[Latrinsorm]

They should each pay half.

Unless you are James, it doesn't really matter what the legal responsibilities are. They should both talk to an actual Prince Edward Islandian lawyer if they're that concerned.

[TheEschaton]

James is liable, at least under every law I know. He is responsible for people driving the car he has insurance on (provided they have permission to, that is, which she did). Furthermore, if she's not on his insurance, which I assume she isn't, he might be in trouble for allowing her to drive his car, depending on the insurance company/local laws.

[Drisco]

I'm just curious to see how it all plays out. I feel like it's gonna turn out bad because James wasn't going to get his car fixed and just leave it but now I think he wants her to pay for his too since she's making it a big deal.


James is liable, at least under every law I know. He is responsible for people driving the car he has insurance on (provided they have permission to, that is, which she did). Furthermore, if she's not on his insurance, which I assume she isn't, he might be in trouble for allowing her to drive his car, depending on the insurance company/local laws.

So her insurance isn't liable for anything? So he's gonna get boned?

[TheEschaton]

It's not her car. Insurance covers the car, and the specific case of the insured driver driving that car. Everything else falls outside the scope of the insurance.

[Drisco]

It's not her car. Insurance covers the car, and the specific case of the insured driver driving that car. Everything else falls outside the scope of the insurance.

I was under the impression that his insurance would pay for Dannys car but Janet would be liable for the damages James's car incurred. I don't know what type of insurance James has so I can't really say, I'm just curious how it will all play out. I was just gathering other peoples opinion..

I just feel like Janet is an idiot for hitting a car when she had like a good 2 feet between the two cars. James is an idiot for getting a woman to drive his car.

[Solkern]

So her insurance isn't liable for anything? So he's gonna get boned?


She doesn't drive, why would she have car insurance?

[Drisco]

She doesn't drive, why would she have car insurance?

She's under her parents insurance because she uses their car. She just didn't have a car that night so she took his.

[TheEschaton]

If James gives permission to anyone to drive his car, which is under his insurance, he is responsible for anyhing they do in that car. That's how it works at least in the jurisdictions I know about, maybe Canada has some other wacky position on this.

-TheE-

[Drisco]

If James gives permission to anyone to drive his car, which is under his insurance, he is responsible for anyhing they do in that car. That's how it works at least in the jurisdictions I know about, maybe Canada has some other wacky position on this.

-TheE-

Well that is a grossly exaggerated statement... If his insruance only has public liability you'd think she would be responsible for his car. I just can't imagine none of it's her fault since she was the one who hit the car. I can see him being reliable somewhat, but she has to have some responsibility.

[Tgo01]

Well that is a grossly exaggerated statement... If his insruance only has public liability you'd think she would be responsible for his car. I just can't imagine none of it's her fault since she was the one who hit the car. I can see him being reliable somewhat, but she has to have some responsibility.

This is why you don't let anyone drive your car but yourself.

[Latrinsorm]

Well that is a grossly exaggerated statement... If his insruance only has public liability you'd think she would be responsible for his car. I just can't imagine none of it's her fault since she was the one who hit the car. I can see him being reliable somewhat, but she has to have some responsibility.I don't think it's exaggerated at all. The law is the law.

[Drisco]

This is why you don't let anyone drive your car but yourself.

Just to clear things up, I'm not James, Janet or Danny...I don't let anyone drive my car besides my immediate family.

[Androidpk]

His car. His insurance. His responsibility.

On that note I think both of them should split the costs.

[Tgo01]

Just to clear things up, I'm not James, Janet or Danny...I don't let anyone drive my car besides my immediate family.

Doesn't matter, it's good advice for everyone.

[TheEschaton]

Well that is a grossly exaggerated statement... If his insruance only has public liability you'd think she would be responsible for his car. I just can't imagine none of it's her fault since she was the one who hit the car. I can see him being reliable somewhat, but she has to have some responsibility.

The only thing that might mitigate his responsibility is her willful and knowing misuse of the car. Her negligence, even her recklessness (which doesn't rise to the standard of knowingly) actions in his car is still his responsibility.

If she had asked his permission to drive his car, and she wrapped it around a pole because she was putting on makeup, James is going to foot the bill to the city for the pole.

-TheE-

[IorakeWarhammer]

she pays everything or shes a retarded friend

[phantasm]

He is the man, he takes care of everything, including pleasing her sexual needs at night.

[Sean]

This is why women shouldn't drive...

[NocturnalRob]

Yeah, I'm sorry, but regardless of what the law says, she should pay for everything or she's a shit friend. At this point, if she didn't pay for everything, I'd cut ties with her.

She caused the damage and she's trying to pin it on a friend? Total bullshit.

[Stanley Burrell]

Mr. Vinh Stretcha(a)rin would have something very insightful to say regarding these particular matters. Sean sort of called it, but I still think he is our best token Asian moderator with witty chauvinistic one-liners I've ever met on the Internet.

Also, Driscotechnuck, you know ... it doesn't seem like it's the end of the world -- You're not talking about a completely wrecked vehicle, plus everyone is physically okay. If I were them, I wouldn't mess up any sort of relationship over that particular scenario. Chances are that things'll cool down and she won't use his car for a while. Not a biggie.

[Androidpk]

Under the circumstances I say the best option is for both of them to share the cost. It isn't like she asked to borrow the car so she could go out and do her own thing. He needed a ride and chose to have her drive his car.

[Kitsun]

It isn't like she was being paid to perform a function and failed. She was doing it as a favor. If he hadn't asked her to do it, she wouldn't have been there either. He asked because he knew he wasn't in any shape to perform the task.

[Sean]

It isn't like she was being paid to perform a function and failed. She was doing it as a favor. If he hadn't asked her to do it, she wouldn't have been there either. He asked because he knew he wasn't in any shape to perform the task.

I assume he asked because he throught she was good enough to back out of the driveway without hitting other cars...

[Androidpk]

Shit happens, it isn't worth ruining a friendship though.

[msconstrew]

If James gives permission to anyone to drive his car, which is under his insurance, he is responsible for anyhing they do in that car. That's how it works at least in the jurisdictions I know about, maybe Canada has some other wacky position on this.

-TheE-

This is only partially true. I am a lawyer and actually practice in this area of the law. If Janet has insurance and was using the vehicle with permission, which appears to be the case, then her insurance will take precedence. Then, because the vehicle is also insured by James's insurance, that insurance would also be implicated. But the reality is that this is a property damage issue, so only Janet's insurance will likely be involved.

Of course, the actual provisions in the policies affect the coverage. For example, if I use someone's uninsured vehicle, my policy specifically covers me for both property damage and liability coverage for any accident in which I'm involved. Other policies may be more restrictive, and of course I don't practice in Canada.

Furthermore, James's insurer will likely have the right to subrogate against Janet's insurer for anything that his insurer or James himself has to pay because she caused the accident. So the answer is nowhere near as simple as you've all postulated; the policy terms control the answer.

A.

[waywardgs]

In Canada, every citizen will have to pay a nickle. Some weird Canadian nickle with a freaky alien face stamped on it... but a nickle none the less.

[Lucos]

Well that is a grossly exaggerated statement... If his insruance only has public liability you'd think she would be responsible for his car. I just can't imagine none of it's her fault since she was the one who hit the car. I can see him being reliable somewhat, but she has to have some responsibility.

What happens is his insurance covers the damages to the car hit, and if his insurance covers his car, it pays to repair that.

Her responsibility comes into play when his insurance company sues her for damages.

[Latrinsorm]

Ordinarily I trust Eschaton on law matters, but msconstrew used "subrogate"... so I'm torn. If I had ever heard that on Law and Order it would be a cinch, obviously.

[Paradii]

The moral of this story is that sober females drive worse than a drunk males.

[Drisco]

What happens is his insurance covers the damages to the car hit, and if his insurance covers his car, it pays to repair that.

Her responsibility comes into play when his insurance company sues her for damages.

See but the damage is 800$ and his deductible is 1000$ so really insurances isn't involved. Who should pay for it!!

[AnticorRifling]

He should just file with the cops saying she stole the car because he never gave permission.

Your eh honor I eh told eh her to find a eh ride eh, not use my eh ride.

[Sean]

See but the damage is 800$ and his deductible is 1000$ so really insurances isn't involved. Who should pay for it!!

The damage to both cars? Or just the car she hit?

[waywardgs]

http://blog.originalalamo.com/wp-content/uploads/2010/06/strange-brew.jpg

[g++]

Im not sure how this should be resolved in Canada. Im pretty sure violence would be involved if this were in America though. I hope that helps.

[Clove]

BTW, do you have their last names, SSN and DOB?Do Canadians have SSN's or DOB's?

[Fatsix]

It's in Janet's best interest to take car of it. James should feel some moral obligation to help out, since he didn't make proper plans. Hell it could have been a DUI.

If it does get submitted to James insurance, they will fix it then gladly send the bill to Janet's insurance. Usually its just a paper trade between insurance companies. Resulting in Janet's insurance premiums increasing.

[Lucos]

See but the damage is 800$ and his deductible is 1000$ so really insurances isn't involved. Who should pay for it!!

It should be split. Simple as that. He asked for a favor from her which put her in that situation. She fucked it up by hitting the car with his car. That is the logical solution, but I doubt that will suffice, especially if it has reached " it's the principle of the matter" phase.

Question - how hot is Janet and is there any sexual history between Janet and James?

[Drisco]

The damage to both cars? Or just the car she hit?

Just for Dannys it's a VW lease. He's not asking to get his fixed.


It should be split. Simple as that. He asked for a favor from her which put her in that situation. She fucked it up by hitting the car with his car. That is the logical solution, but I doubt that will suffice, especially if it has reached " it's the principle of the matter" phase.

Question - how hot is Janet and is there any sexual history between Janet and James?

I agree and I dont. Janet was at fault and James isn't asking her to pay for his car damages either. He's at the point were he'll pay 200 of it and if she wants him to pay for half he's gonna toss in his car too and get her to pay for half of that as well.

[Lucos]

Janet was at fault and James isn't asking her to pay for his car damages either. He's at the point were he'll pay 200 of it and if she wants him to pay for half he's gonna toss in his car too and get her to pay for half of that as well.

Well I guess it boils down to how important the friendship is for Janet and James. Nothing like money to fuck up a relationship..friendship or lovers.

Putting aside what should be done, I can only say what I would do if I were in this situation. If I had been driving and hit the car with my friends car, I would pay it 100%. Of course, $800 is nothing to me so it's a no-brainer.

If it was my car that I was stupid enough to loan out and a friend hit another car causing $800 of damage, I would ask the friend to pay for it. If they didn't, it would depend on their reason of not paying that would determine how the friendship would proceed.

If they didn't pay because they are fucking totally broke, I can understand that. Wanting to pay but being unable to pay...that is where the friendship comes into play and I'd just pay it all and move on.

If they didn't want to pay, but could pay, I'd say fuck it, pay it all myself and tell the bitch to get the fuck out of my house and that she is no longer welcome there. Who needs a friend like that?

If James can cover the $800, he should pay for damages to his friend's car immediately. No need for the other guy to get involved in this shit. Pay the dude to get his car fixed and resolve the payment issues with the girl after the fact.

[AnticorRifling]

Is Janet hot?

[NocturnalRob]

Is Janet hot?
You misspelled 'James.'

[AnticorRifling]

I'll make an inquiry about the details I want, you make one for the details you want.

[NocturnalRob]

I'll make an inquiry about the details I want, you make one for the details you want.
Or you could just help me out and fucking take care of both. Jesus. You are the worst multi-tasker ever.

[Drisco]

Well I guess it boils down to how important the friendship is for Janet and James. Nothing like money to fuck up a relationship..friendship or lovers.

Putting aside what should be done, I can only say what I would do if I were in this situation. If I had been driving and hit the car with my friends car, I would pay it 100%. Of course, $800 is nothing to me so it's a no-brainer.

If it was my car that I was stupid enough to loan out and a friend hit another car causing $800 of damage, I would ask the friend to pay for it. If they didn't, it would depend on their reason of not paying that would determine how the friendship would proceed.

If they didn't pay because they are fucking totally broke, I can understand that. Wanting to pay but being unable to pay...that is where the friendship comes into play and I'd just pay it all and move on.

If they didn't want to pay, but could pay, I'd say fuck it, pay it all myself and tell the bitch to get the fuck out of my house and that she is no longer welcome there. Who needs a friend like that?

If James can cover the $800, he should pay for damages to his friend's car immediately. No need for the other guy to get involved in this shit. Pay the dude to get his car fixed and resolve the payment issues with the girl after the fact.


My thoughts exactly. I like your way of thinking.


I'll make an inquiry about the details I want, you make one for the details you want.


Or you could just help me out and fucking take care of both. Jesus. You are the worst multi-tasker ever.

Janet is the sexy girl from the Halloween picture I posted.

Rob, James isn't the best looking. Danny is though.

[AnticorRifling]

Ok so James needs to pay for this and then Janet needs to take care of James.

I don't recall the halloween photo, repost (in photobucket format thanks).

[NocturnalRob]

Was she the brunette? If so, James should pay for everything as punishment for bothering Janet.

[Fatsix]

http://sphotos.ak.fbcdn.net/hphotos-ak-ash2/hs451.ash2/72488_450512935717_510830717_5971893_6967422_n.jpg

[NocturnalRob]

Before I say anything too outlandish, the brunette is how old?

[g++]

It seems all these monetary problems could be solved with some good natured pimping.

[Fatsix]

It seems all these monetary problems could be solved with some good natured pimping.

I hope she fucks better than she drives. Those legs need to be taught a lesson.

[Latrinsorm]

Before I say anything too outlandish, the brunette is how old?lol

[Drisco]

She's 19.

Update: I get a crying Janet calling me an hour ago. She slipped on ice and put her car in a ravine.

Woman's a bad driver.

[NocturnalRob]

Totally legal. Let her know I'd take care of her. She can come live with me. You don't need cars in NYC.