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I have this friend, Fred,...

Discussion in 'The Okie Corral' started by gwalchmai, Feb 24, 2010.

  1. gwalchmai

    gwalchmai Lucky Member

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    who was drinking in a bar and became too drunk to drive. So Fred asked a buddy, Buddy, to drive him home. Buddy hits a curb and tears out the front end on Fred's car. Police arrive and breathalized Buddy, who blows clean. Now Fred wants Buddy to pay for the damage, but Buddy thinks Fred should just file it on his insurance.

    What do y'all think? My feeling is if you hand someone the keys when you're drunk you can't complain too much about what happens.
     
  2. Gonetodarkside

    Gonetodarkside owl protector

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    was Buddy at fault for the accident?
     

  3. gwalchmai

    gwalchmai Lucky Member

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    He didn't get a ticket. As far as I know no fault was assigned.
     
  4. Gonetodarkside

    Gonetodarkside owl protector

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    Did the curb jump out in front of the car? Was Buddy ran off the road into the curb? Was Buddy not paying attention?
     
  5. SteveMac

    SteveMac

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    How can Fred "just file it on his insurance" if he wasn't driving? He could lie and say he was ... but then again there is apparently a police report which would contradict that lie.

    I think Buddy's insurance should cover it. My insurance covers me in any car I drive (and I think that is pretty much standard).

    Life sucks ... for both Fred and Buddy.
     
  6. gwalchmai

    gwalchmai Lucky Member

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    I don't know. From what I know of Buddy I'd bet he wasn't paying attention.
     
  7. gwalchmai

    gwalchmai Lucky Member

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    Buddy has no insurance other than liability. And apparently there was no police report. Once Buddy's breath test showed no alcohol the police said "Have a nice day" and left. F&B said the police didn't even ask Buddy for his license, which makes no sense to me.
     
  8. Officer X

    Officer X

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    I don't see how no fault could be assigned for a one car crash where the driver hit a curb. It is fairly easy to say that "Buddy" is at fault.

    Legally, "Buddy" was driving, so he is responsible. Morally, if "Fred" wasn't S-faced, this would be a non-issue. It all depends on how bad Fred wants to retain Buddy as a friend.
     
  9. Gallium

    Gallium CLM

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    Anyone I assign / allow to drive my cars are covered under my insurance policy.

    If you don't have that sort of insurance coverage, your insurance might be underwhelming.
     
  10. bcmclane

    bcmclane

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    IMO the guy should run it through his insurance. If my friend put me in that spot, then tried to make me pay out of pocket for the damage, we would not be friends anymore.
     
  11. wjv

    wjv Zip It Stan Lee.. . .

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  12. bayshtyshorty

    bayshtyshorty

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    what he said, for sure....
     
  13. gwalchmai

    gwalchmai Lucky Member

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    Nissan, I think. ;)
     
  14. mitchshrader

    mitchshrader Deceased

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    fred should file the claim, count his blessings, and shut to hell up.
     
  15. HerrGlock

    HerrGlock Scouts Out CLM

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    Driver's insurance first, then owner's.
     
  16. HKUSP45Css

    HKUSP45Css

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    Though some states may have laws differing from the following it's a pretty good bet that this covers this incident.

    If you give a person permission to drive your car you have accepted the liabilty for the damages caused by another unless the person to whom you gave your car did not take "reasonable care" to prevent damage to the vehicle.

    Bottom line, the drunk needs to call his insurance company unless he's able to prove in a court the sober guy was grossly negligent with the property or was wholly at fault for the collision.

    The only addendum I have is that if sober guy said "it was totally my fault, I'll pay for the damages" then most judges would accept that (and any payments made as proof) of the sober guy's liability.

    Finally, what kind of a ****** sues their friend for driving them home when they're drunk. Drunk guy needs a good pistol whipping and a kick in the keister for being an irresponsible moron.
     
  17. KusoJijii

    KusoJijii alegacy of fear

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    What will happen the next time Fred asks someone to drive his vehicle home when he is drunk?
     
  18. gwalchmai

    gwalchmai Lucky Member

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  19. Nicky D

    Nicky D CLM

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    Talk to the insurance agent, let him/her sort it out.
     
  20. Glock&KimberLady

    Glock&KimberLady Morior Invictus Silver Member

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    Fred should be reminded that next time he'll be walking his drunk *** home. Accidents happen. Usually insurance covers someone else driving your car.