Law Question

[danny]

Any solicitors on this site or anyone who may be able to answer the following for me:

i have the following scenario:
" A friend, and i use the word loosely, wants to have a look at your car. admire the hard work you have put into it.
you show him your car and hand him the keys. he opens the car, and proceeds to have a look at interior.
than without your permission attempts to start car and never checks if it's in gear or not.
proceeds to start car and reverses,(god only knows how) into a mass concrete wall causing damage to car."

my question is, who is responsible for damages to car. as insurance company says it's nothing got to do with them as i the owner of the car was not behind the wheel of the car. and the "friend" says he isn't insured to drive other peoples car's only his own, so can't go through his insurance.

can anyone offer any advice please..
please no smart answers as this problem has caused enough problems and heartache over the last week and i just want to know where i stand.

I've had car accessed (body shop) and have proposed repairs to this friend and he has offer a portion of the cost but refuses to give balance as he claims he is not responsible for damages.

Moderators if this in not an acceptable post please delete and apologies.

[Mini_reo]

Hi Danny I don't know about your predicament but I do know when my car got robbed a couple of years ago if it was involved in any accidents or caused any damage it was my insurance dat would have to pay out as if I had done it myself. I don't think this helps you but how good of friends are you if it was me I'd feel obliged to pay for any damage.

If you were selling your car and you gave someone a test drive and his or your insurance didn't cover him to drive it then you are liable for any damages as you gave him permission to drive it.

[purplehaze]

in my honest opinion , you did not give him permission an he went ahead and did this, he started the car not you, so it would be his doing not yours, so i think your friend should pay for damages, as it was not you that did it, now if he was in driver seat and you started it an this happened it would have been on you, but as that did not happen. he is liable as you were not in the car and did not give permission, i dont know whagt way a solicitor would look at this but you didnt give permission for him to do it so maybe he would say what i said, or he may say, its your fault but i think he should pay for any damages, as he started it and didnt check before hand if it was in gear or not, your mate is a something something something of a something i think make him pay for it, if he says no, hes not a mate then

[Goose]

Would handing over the keys not constitute permission ?

[The Marcos Graveyard]

I'd be with Goose, handing him the keys or leaving the keys in the ignition and inviting him to sit into the driving seat would imply permission, not telling him that it may be in gear may be negligence on your part.

Either way I wouldn't get solicitors involved, but you always have the option of the small claims court.

[danny]

thanks for all the help..

have since been in talks with the a solicator and a member of the garda

and advice has been sorted.

just if anyone is concerned. it doesn;'t matter if you have given permission or not.
the Liability rests with the person who i behind the wheel of the car.

[Mossess]

This may be a little late but it might just be worth taking the hit on the balance, the last thing you want is him coming back in 6 months claiming to have a sore back, and dragging you through the courts for a few years, and yes he would probably get a payout. Just my 2 cents worth..