I crashed my friends car and i had no insurance, she offered to let me borrow car so i accepted. I saw something come out in the middle of the road so i tried to go around it and ended up crashing another car. i was by myself. My friends car insurace considered the car totaled so they gave her money for the car. but now she wants me to pay her at least half the damages the car was worth to pay for her premium that will raise. Is this legal for her to do?
Answer
You were at fault for hitting the other vehicle as you should have been driving at a slow enough speed to avoid the crash. You owe her what it would cost to repair the vehicle or its fair market value, which ever is less. That she has insurance does not matter. Her insurance company paid her and could come after you for the amount they paid her is she assigned her right to sue you to them. Since you owe her the full amount but she is willing to settle for half, she is giving you a bargain. Why should you not have to pay her; she has had to pay her insurance premium, not you.
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