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re: Letting someone "borrow your car" - how to go about it legally

Posted on 3/6/18 at 9:43 am to
Posted by EA6B
TX
Member since Dec 2012
14754 posts
Posted on 3/6/18 at 9:43 am to
quote:

It will be suspicious AF since he’s out of state and not the registered owner and the insurance isn’t in his name. We may see this guy on Live PD.


As long as the vehicle is not stolen, and the paperwork is not expired the cops could not care less that the driver has a different name. My wife and I go by different last names for professional licensing reasons, but her car is registered in my name only, has always been this way. She has been stopped for speeding numerous times with no issue.
Posted by LG2BAMA
Texas
Member since Dec 2015
1254 posts
Posted on 3/6/18 at 9:55 am to
quote:

And why didn't the driver have to pay? He had no assets and no means of paying.


See this is where the guy should become your slave for a defined amount of time.

You don’t have insurance or any assets.. so all you have to offer is your physical labor.

When you have worked the right ammount of time to cover the damage you caused me you will be set free
Posted by Cypressknee
Member since Jul 2017
1464 posts
Posted on 3/6/18 at 9:57 am to
Simple... Never let anyone borrow something they can throw a rod in. Boat, four wheeler, vehicle, ole lady...
Posted by baldona
Florida
Member since Feb 2016
24485 posts
Posted on 3/6/18 at 10:00 am to
quote:

I dropped the insurance a couple months ago since it is garaged and is not being used

Obviously will have to add coverage if someone will be using it


I'm not sure I'd tell them your situation. I'd just tell them you wanted to drive the car again for something like 4000 miles a year, as a back up or something.

If you are going to let someone else that is not a dependent be the primary driver, that's going to be a PITA to deal with insurance wise I'd think.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
117256 posts
Posted on 3/6/18 at 10:40 am to
quote:

If your car is replacing his and he has your permission, his insurance will carry over and be primary.


Regular use exclusion says "hi"
Posted by PearlJam
NotBeardEaves
Member since Aug 2014
13908 posts
Posted on 3/6/18 at 10:40 am to
quote:

the owner apparently has no liability because he specifically named the driver on his insurance to be excluded from coverage.
That just means he has no insurance coverage. He could still be liable under a theory of negligent entrustment.
This post was edited on 3/6/18 at 10:41 am
Posted by Mudminnow
Houston, TX
Member since Aug 2004
34216 posts
Posted on 3/6/18 at 10:44 am to
Powerman, when did you move to TX? Seems like many folks at on TD back about 10 yrs ago who were in Baton Rouge now live in TX. I moved to Houston 4 yrs ago.
This post was edited on 3/6/18 at 11:22 am
Posted by Powerman
Member since Jan 2004
175703 posts
Posted on 3/6/18 at 10:45 am to
Moved summer of 2012

I make it back to LA once a year or so
Posted by Mr. Hangover
New Orleans
Member since Sep 2003
34932 posts
Posted on 3/6/18 at 10:47 am to
quote:

Or would he just say "I'm borrowing this car from a friend" and that goes completely unquestioned?


Depends


Is your friend black? Is he carrying a firearm and some crack?


If you answered NO to the previous questions, your friend will be fine
This post was edited on 3/6/18 at 10:49 am
Posted by 3deadtrolls
lafayette
Member since Jan 2014
7088 posts
Posted on 3/6/18 at 10:51 am to
quote:



And why didn't the driver have to pay?


He got hit by an illegal. He'll never see a dollar from that dude.
Posted by Dry Prong Wildcat
Member since Oct 2017
492 posts
Posted on 3/6/18 at 12:07 pm to
In Louisiana the insurance follows the vehicle. If you give him permission to drive the vehicle he is covered under your policy. You don't have to add him if you don't want to, adding him would probably cause your insurance to go up but that's your choice. The insurer would prefer to have his driving info and if they found out about this arrangement they probably wouldn't renew you. If he gets in an accident it will count against you and if your limits aren't high enough to cover the damages if he is at fault they will come after you potentially.
Posted by Motorboat
At the camp
Member since Oct 2007
24323 posts
Posted on 3/6/18 at 12:11 pm to
read your policy. there are usually certain time limits he can use the vehicle without you having to amend the policy.
Posted by NaturalBeam
Member since Sep 2007
15047 posts
Posted on 3/6/18 at 12:18 pm to
Exclude him from coverage under your insurance so he doesn't kill someone and get you sued for everything you own.
Posted by Sparkplug#1
Member since May 2013
7352 posts
Posted on 3/6/18 at 1:32 pm to
quote:

So no action is required on my part for this to happen?


Nope. If I had your year, make and VIN number, I could get insurance on your car without even ever knowing you.
Posted by Tiger Prawn
Member since Dec 2016
26340 posts
Posted on 3/6/18 at 2:03 pm to
Just make sure the registration and insurance card are current and in the vehicle. As long as your buddy can show the cop you have the vehicle registered, insured, and the plate isn't coming back stolen then he won't have any issues.

If there's a wreck, I'm pretty sure the way it works is that your buddy's insurance would pay for liability and your insurance would cover the collision damage to your own vehicle (assuming you have collision).

Posted by crtodd
Member since Nov 2005
1723 posts
Posted on 3/6/18 at 2:30 pm to
Each state is different. Here in AR, insurance follows the car, not the driver. You would add him as a driver to your policy. He has a wreck, your premium goes up. He can't put your car on his policy because he has no insurable interest.

If it is only occasionally used by him, it would be be considered permissive use, and you don't necessarily have to add him. But, again. If he causes an accident. It's on your insurance. But if it's going to be for an extended period of time, you should add him as a driver.

But, where you are could be very different.
Posted by DevilDagNS
Member since Dec 2017
3019 posts
Posted on 3/6/18 at 7:58 pm to
This would probably NOT fit under the "temporary replacement vehicle" definition under his policy because it is being provided for regular use. You will likely get sued when he gets in a wreck and your insurance will be primary. If he is not a listed driver on your policy, you may have coverage problems under your policy. This is not a good idea. Either sell or donate the car to him or tell him to get his own.
Posted by OweO
Plaquemine, La
Member since Sep 2009
122534 posts
Posted on 3/6/18 at 8:02 pm to
I am not 100% sure, but I do think you need to check with your insurance company to see if your policy covers other drivers. That should be the only thing you have to do.
Posted by IllegalPete
Front Range
Member since Oct 2017
7182 posts
Posted on 3/6/18 at 9:12 pm to
quote:

I'm out of town and I have an older secondary vehicle that is in my garage



Just sell him the car. If he is using it for "work" he is probably going to put a lot of miles and beat the shite out of it.

That will create more friction in the long run.

Cash out, use that money to pay down your current note, if no note, throw the cash in a repair fund or down payment fund for yourself.
Posted by Maggie6d
Member since Aug 2015
425 posts
Posted on 3/6/18 at 10:09 pm to
I know from personal experience of loaning my car to a friend that in Louisiana, the insurance follows the car, not the driver. She wrecked my car.it all went on my ins. My damage. other vehicle damage (accident was my friend's fault). My ins went up.
My freiend had full coverage ins on her own vehicle. It was in the shop, i loaned her mine. We both thought her ins would cove My car if she was at fault. Wrong.
She paid my deductible but it was my 3rd claim in 3
years and my ins went up $50 a month for 3 years. I never told her that part. She was really sorry and upset about the accident and paid the deductible immediately. It wasn't her fault i got i had 2 prior claims.
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