by mtm » Sat Feb 27, 2010 05:40 pm
I live in AZ and I bumped into my friends 2004 Honda. She got it fixed last week through her ins using her no fault part of her ins. She has asked me for her $500 deductable? Do I give it to her? What about a release from her?
Posted: Sat Feb 27, 2010 06:02 pm Post Subject:
First, I don't think AZ is a no-fault state for property damage. Your friend filed a collision claim under her policy and they paid the damage. Since you were a permissive user, you'd be considered an insured under her policy so her carrier cannot seek recovery from you.
State courts differ, as far as I know you had a responsibility to return the vehicle in the same condition as when you borrowed it. I think your friend might have a valid complaint against you for her deductible amount. Do you have to give it to her? Not until a judge tells you to. Even then, you don't _have_ to.
You could certainly ask her to sign a release and refuse to pay until she does.
Posted: Sat Feb 27, 2010 06:19 pm Post Subject:
You may not be required to giver her the money, but put yourself in her shoes. If it happened to you, wouldn't you want your "friend" to reiumburse you for their mistake?
Posted: Sun Feb 28, 2010 01:35 am Post Subject:
The way I read the OP's post is that OP bumped into her friend's 2004 Honda. The question is what did she bump into it with? Is Tcope and Trench correct that you were driving the Honda. Were you in your own car. Did you bump it with your head.
I would agree, if you were driving your friends car you would owe her the deductible if she pursued it. If you were in your own car, don't worry her insurance company will be pursuing your carrier or you directly.
Posted: Sun Feb 28, 2010 02:57 am Post Subject:
Yeah, I missed that. I'd agree... it seems like the OP hit her friends vehicle. If so, the OP's carrier should be seeking recovery for everything including the OP's deductible.
If this is the case, the friend should not be collecting the deductible as the OP's carrier may have a right to _any_ monies paid back on the damage.
Posted: Sun Feb 28, 2010 01:02 pm Post Subject:
"If" and only "if" what you mean by 'no fault' is that your friend said that she has no idea who hit her car..it must've been a hit and run and she didn't tell her carrier 'who' (meaning YOU) hit her car...then yes, give her the deductible, and hope she never spills the 'real beans'... :roll:
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