Auto Insurance Claims: No Fault - Borrowed Car, david answer, car question

Question
QUESTION: I was helping sell a car for my friend and someone else hit me while I was driving it.  The other driver was 100% at fault for the accident.  However, the other driver was uninsured and my friend only had liability.  There was a verbal agreement made after the police report that the other driver was going to pay to buy the vehicle.  The vehicle was towed to his apartment because of this agreement, but then the vehicle was towed from that apartment because it needed a parking sticker.

My ex-friend wants me to settle this now (3 days after the accident) and wants me to pay what he was going to sell the vehicle for plus the cost of the tow from the at fault drivers apartment and the extra 4 days in storage.  Shouldn't this be a lawsuit against the at fault driver first or does he have a legal right to sue me first?  Since I didn't own the vehicle what is my recourse for getting money back from the at fault driver?  Since it was his vehicle illegally parked and since he didn't get the vehicle out of the impound lot when it was reported impounded what liability do I have for paying for the impound?

My friend is also saying that he didn't give me the right to drive the vehicle.

David

ANSWER: Hi David,

What a mess.

First of all the other driver is at fault and he is the one responsible for payiing for the damage. I think that you should assist your friend in any way possible to help him get this done. But, you are not responsible for the damage or for buying his car. Since you are not the owner of the car only your friend can file suit against the af-fault person. He should do that as soon as possible. Even if he wins though, there is still the issue of actually collecting the money. When you win in court you win a judgemnent. But, if the at fault person has no money you guys may be chasing this guy for years to collect.

I hope this helps
Richard Hixenbaugh

---------- FOLLOW-UP ----------

QUESTION: I'm guessing that unless my friend can prove that I was partially at fault, or that I wasn't authorized to drive the vehicle he won't be able to win a lawsuit against me.  The other driver says he wants to pay for it, but at this point I have the feeling that we are being strung along.

After the wreck he said he would pay on Friday, then on Friday he didn't have all the money, but would pay partial.  When we agreed to a deal which allowed him to take the car to his mechanic, the other driver never responded to his phone.  However yesterday the other driver said we would meet today with money in hand ready to move the car to his mechanic.  If this doesn't happen then we are going to file the lawsuit.

David

Answer
Hi David,

You are correct. Without proof that you were at fault there is nothing that your friend can do to you.

Your friend should take the car to his own body shop to get an estimate of repairs. That way he will have a good idea of what needs to be done and what it will cost. He should take this estimate to the meeting with the other driver as well as a contract for him to sign. In the contract it should indicate that as a result of the auto collision that occurred on such & such a date for which he admits fault and responsibility for the damage, that he will pay for the cost of the repairs. If there are to be any payment arrangements they should also be laid out in the contract. Then if the guy does not pay as agreed, your friend can file suit and will have a signed contract showing that the guy admitted fault and agreed to pay for the damages. Of course if the guy is showing up today with all of the money then none of that is needed.

I hope this help.
Richard Hixenbaugh