借车开车撞鹿,急求助

wut0

我的一个朋友向他的朋友借车叫我送他去坐火车,我在开车回去的路上撞到了鹿，这时才知道借来的车没买保险（没跟我说），车主要求我们付全部责任，我真的要付那么多的责任吗。借车的朋友想要走保险，所以事情拖了很久，车主没耐心了要报警，请问这样我会有很大的麻烦吗？

就是说借来的车没有保险?

Cueman088

没保险当然全责，借的车不要开，除非你能搞定出事后的索赔和人际关系

怎么说呢,这事你没有责任,因为在美国借车出事都是车主的责任,这就是为什么在美国能借老婆都不能借车.
如果车主要报警,你更有底气了,他没保险,他也算违法了.
这事你本身没有责任,只有两个选择,
1.跟车主协商,修车的钱你出大头 他出小头,但是我觉得车主99%都不会付
2.什么都不用理.

wut0

Cueman088 发表于 2015-1-13 16:30
没保险当然全责，借的车不要开，除非你能搞定出事后的索赔和人际关系

是指我的全责吗？

wut0

匿名者 发表于 2015-1-13 16:34
怎么说呢,这事你没有责任,因为在美国借车出事都是车主的责任,这就是为什么在美国能借老婆都不能借车.
如果 ...

也就是说就算是我开的车也是车主的责任吗？谢谢

wut0 发表于 2015-1-13 16:38
也就是说就算是我开的车也是车主的责任吗？谢谢

是的,车主的责任.

蓝卡

没保险就是全责。

Milk_Z48

的确是车主的责任 但是你得考虑人际关系 如果你不在乎跟朋友的关系或者不觉得过意不去的话 你完全可以把责任推到车主身上

蘑菇君丸子

车主到底是liability保险还是根本没买保险你要搞清楚。虽然说车主报警你们也不一定有多大责任，但是楼主做人不要太垃圾了。换位想想如果是你好心把车借给朋友开，回来撞烂掉对方一分钱不出，你会怎么想？就算车主有保险，走保险理赔的话明年后面保险费涨到哭。互相理解沟通一下，都不容易。

wut0

蘑菇君丸子 发表于 2015-1-13 16:50
车主到底是liability保险还是根本没买保险你要搞清楚。虽然说车主报警你们也不一定有多大责任，但是楼主做 ...

车主是根本没买保险。现在是打算帮车主解决这个问题，用的保险也不是车主的，但是车主现在催的很急，非要马上把钱给她不然就报警，本来有更便宜的办法也没法用，我也不满车主认为自己一点责任也没有的态度

蘑菇君丸子

wut0 发表于 2015-1-13 17:06
车主是根本没买保险。现在是打算帮车主解决这个问题，用的保险也不是车主的，但是车主现在催的很急，非要 ...

我能给你的建议就是写个类似合同的东西，双方签字，协定好什么时候之前把这件事解决好，双方各占多少责任。互相理解一下，毕竟车撞坏了她piss off也是能理解的。你们肯定应该负担绝大部分，毕竟车是你朋友借的，也是你撞的。其实撞鹿这种保险大部分人都不会买的吧。。

KT000000

myth: car insurance follows the driver

Contrary to popular belief, in case of an accident, car insurance follows the car — not the driver. So if you lend your car to a friend or a visiting relative, you could be liable if an accident occurs.

Even if your friend has great coverage with the highest limits and the lowest deductibles, your car insurance would have to cover the damages if your friend got into an accident while driving your car.

Car insurance follows the car

If you're thinking of letting someone drive your car for a few hours, days, or weeks, keep in mind that you're not only lending your car, you're also lending your car insurance. In most states, comprehensive and collision coverage protects your vehicle regardless of who's driving it.

Though state laws vary, here's how car insurance coverage breaks down in the event of an accident:

• If you give any non-excluded driver (that is, someone you don't explicitly exclude on your policy) permission to take the wheel, your car insurance takes primary coverage status, which means that your car insurance would be primarily liable if something happens. The permitted driver's own insurance would serve as secondary coverage. So, for instance, if you loan your car to your best friend Drew and he causes an accident, you'll have to file a claim with your insurer, pay the deductible, and possibly expect a rate increase.
  
  If Drew has car insurance, he might be responsible for any personal liability and medical expenses. Additionally, his coverage might have to step in if the limits of your policy have already been reached.
• If Drew gets into an accident and isn't at fault, you won't have to worry about your insurance taking a hit. Generally, you can file a claim with the at-fault party's insurance, skip paying the deductible, and get coverage for any damages to your vehicle.
• If Drew happens to be an uninsured driver and causes an accident, you could be liable for all of the damages. For example, if your uninsured friend causes a 3-car pileup that exceeds your car insurance limits, the injured parties could sue you to pay for medical fees and property damages.
  

Permissive use

Due to a provision in your car insurance policy called an "omnibus clause," your insurance will cover any driver, family member who lives with you, and even your dependent children away at school, so long as they have your permission to drive your vehicle.

Note that in some states, permissive drivers will have reduced coverage while operating your vehicle.

Non-permissive use

If your car's taken without your consent, you won't be held accountable for any damages. For instance, if a thief takes your car for a joyride and crashes it into a parked BMW 740i, you won't be liable for any damage to the BMW. However, you'll most likely have to use your insurance to cover any damages to your vehicle.

On the other hand, if a friend borrows your car without your permission and causes an accident, your friend's insurance will probably be considered primary coverage and yours secondary.

If your friend doesn't have insurance, you're out of luck. In most circumstances, you'll have to use your own car insurance to cover the accident.

One thing to note: unless it's clear that you expressly deny permission, most car insurance companies will usually assume that your friend, visiting relative, or family member residing with you has your permission to drive your vehicle. So, if an accident were to occur, chances are you'll still be liable for damages, even if you didn't personally or verbally hand over the keys.

Excluding drivers on your policy

While a few states (Kansas, Michigan, New York, Virginia, and Wisconsin) don't allow driver exclusions, many others permit you to exclude specific drivers from your policy. In general, car insurance companies may ask you to exclude certain drivers — say, someone with numerous accidents or DUIs — from your policy to protect them from added risk. Or you may decide to exclude a family member, such as a young teenage driver or a spouse with a less-than-stellar driving record and his or her own insurance, to save on your premium.

If an excluded driver takes your vehicle for a spin, with or without your permission, your car insurance will probably not cover the accident if one occurs. Though state laws differ, the following generally applies:

• If an excluded driver borrows the car with your permission and an accident happens, both you and the driver will be personally responsible for any damages caused.
• If an excluded driver takes off with your wheels without your permission and gets into an accident, depending on your state's laws, you might not be held liable if an incident occurs.
• If you live in a no-fault state, you may not be responsible for personal injury, but you and the excluded driver may still be responsible for personal liability. That is, if the injured party's insurance limits have already been reached to cover the accident, he or she could take both of you to court to recover any remaining expenses.
  

Listing drivers on your policy

As you can see, excluding a driver to save a few bucks could potentially cost you in the long run. To make sure that you have maximum coverage under all circumstances, consider listing all family members living with you on your policy.

If you're an Esurance policyholder, note that all members of your household with access to your vehicle must be listed on your policy. Of course, if your spouse or resident relative has his or her own vehicle and car insurance policy, it's possible to obtain an exclusion if your state allows.

If you have questions about this (or anything else), call us anytime at 1-800-ESURANCE
(1-800-378-7262).

Before you lend your car

Before you lend your car to a friend or anyone else:

• Check your policy or contact your insurer to get the specifics on the terms, conditions, and any restrictions.
• Make sure that your friend has a valid drivers license. It's also wise to double check whether or not your friend has car insurance. (After all, you don't want to be liable in case an accident occurs.)
• Verify that your registration and insurance information are in your glove box.
  

If you habitually lend your car to a non-resident relative or friend, or if your friend will be borrowing your car for an extended period of time (say a few weeks), consider adding him or her as an additional driver. Your insurer might consider the habitual borrower of your car to be a regular user of the vehicle, and if an accident occurs and your friend isn't listed as an additional driver on your policy, your insurer could deny coverage on the claim.

Related links

Excluding a driver
Learn why a driver exclusion may not be in your best interest.

Adding or removing drivers from your policy
If you need to add or remove a driver from your Esurance policy, you can do so by following these easy steps.

Accidents and car insurance claims
Did your friend get into an accident while driving your car? Here's some info on how to handle the accident at the scene and file a claim.

KT000000

A Friend Borrowed My Car, Involved In An Auto Accident, Am I Liable?[size=0.8em]Posted by Joe Lowman on Thu, Dec 05, 2013

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Your car is your own property, and you thus have the responsibility to make decisions to it as you see fit. If you wish for someone else to drive your car for any reason, then that is the choice that is in your freedom to make. But what happens if someone else who is uninsured drives your vehicle and an auto accident is the result? You may have plenty of questions in this situation. Does my insurance cover another driver? What are the risks of liability that exist in regards to another driver? What kinds of situations occur when someone else other than myself is behind the wheel, and does it make a difference if they are uninsured? Liability exists when a responsibility exists within a civil duty as an individual. Occasionally, the law will determine certain decisions as violations against these duties, and thus a liability is created. A liability exists when someone’s property or a person is injured or damaged due to another individual’s negligence. In the case of someone else driving a car that is in your name, an auto accident liability may exist. Understanding liability and how it affects an auto accident can help determine the handling of similar situations in the future. Various situations require different sets of judgment and focus in regards to an auto accident; and handling situations in a way that avoids auto accidents can help save your money and your life.

An Explanation of Liability

Ultimately, a liability is a responsibility of a United States citizen. A liability can occur when a group or individual is responsible for an event occurring. For example, a driver who hits a car thus causes an auto accident; the driver or the owner of the car is thus liable for the accident, especially if they were driving in a negligent manner.

Many different kinds of liability exist, each for a certain situation. Legal liability is the legal obligation to pay debts; public liability focuses on civil wrongs under tort law; a financial liability exists as an obligation coming about from past transactions; and long term liabilities, which exist with a duration of longer than two months. An automobile products liability exists in the event of a personal injury claim due to a defective vehicle.

Specific kinds of insurance exist in regards to auto accidents, such as liability insurance and collision insurance. Your spouse may be listed on your car insurance policy as a driver that shares the same address as you, which can also include children and extended family. Anyone who shares your address and is not included on your insurance policy should never drive your car, When someone else drives your car and is involved or is at fault for an accident, you may be liable whether or not they have insurance.

When the Driver of the Car is Not You

If you express consent for an individual besides yourself or one listed under your insurance policy, then they will be covered by your car insurance. If an auto accident occurs and the driver does not have car insurance, your own policy will cover it as long as the sustained damages are covered. If the damages are over what your policy covers, then your coverage will not be compensated.

As aforementioned, extended family is covered as long as they share the same address as you. Anyone else relates to the previous paragraph; coverage options may be available to them though the same coverage amounts may not be applicable. Significant others can utilize expressed permission, but shared car insurance is only applicable for individuals sharing an address.

Contact your insurance agent if you have any questions or concerns regarding your own car insurance. Understanding the details of your policy will help you make decisions regarding the driver of your car.

Risks and Handling Liability

Car insurance follows the car. If you give someone permission to drive the vehicle that is under your name, your car insurance becomes the primary coverage status, meaning your own car insurance would be liable if something were to happen. If you loan your car to someone who is uninsured, there would be no secondary coverage. This means that if your policy reaches its limit in coverage, then you would be liable for the rest, as no secondary coverage would exist. This means that when you loan your car to someone who is uninsured, you risk your money.

The liability will be handled based on how the accident occurred. If the accident was not the fault of the driver of your car, then your insurance will not be affected, and your coverage may simply cover the damages to your vehicle. However, if the driver is uninsured, you may have to cover all of the damages, including the other party’s medical fees and property damages.

Different Situations

Various situations may arise that include an individual getting behind the wheel of your car. While auto accidents can not always be prevented, they can most certainly be prepared for. When someone needs to borrow your car for any duration of time, whether a family member, coworker, or friend; judging the situation correctly can help avoid auto accidents, and thus auto accident liability. Analyzing character is the first step in analyzing any situation.

When some people want to borrow your car, they may wish to do so for irresponsible reasons. It is in your best interest to be skeptical of anyone who wishes to borrow your car if they are not a family member or a trusted friend. While the driver of your car may be the one to be involved in an accident, the law will perceive the owner of the car as the individual that created a liability. Never lend your car to someone whom you do not know or know well, or to someone whom you deem irresponsible. Avoiding irresponsible drivers behind the wheel can help avoid future accidents.

There are, however, some situations where an outside driver may be needed. Does a family member need to utilize your vehicle while theirs is getting repaired? Are you intoxicated or unable to drive due to medicinal reasons? While the law may still perceive this action as a liability, allowing trusted persons to drive your car when you are unable lessens the change of an auto accident and thus auto accident liability.

Sometimes, accidents happen. As long as you do everything in your power to prevent an accident from occurring, then the probability of an auto accident happening greatly lessens. By analyzing every auto situation thoroughly, you as the driver and owner of your vehicle have the responsibility to help keep the road a safe place. This means making the decisions necessary to ensure that anyone driving behind your wheel is responsible and aware of the threat of an auto accident liability, especially if they are uninsured. The liability will still exist as you are the owner of the vehicle, but sometimes allowing other individuals to drive your car is a necessity. By keeping this in mind, you can make the appropriate judgment based on your surroundings and unique situation. Safe decisions lead to safe roads, which in turn lead to a safer future.

KT000000

车主保险是第一位，司机保险第二顺序，所以车主没有保险的话，司机保险介入。
如果都没有保险，就是自掏腰包，那么就要么大家一人一半，要么车主出，要么司机出，当然乘客愿意出也可以。如果都不肯出只能上庭，车主兜进。如果维修费比较大，lz又难以承受，不如咨询一下律师，这种事情是民事的，报警没有用，只要lz确实是合法开车，有驾照，没有DUI，不会进jail。但是民事责任就看怎么打官司了。