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Originally Posted by Impureclient
So the question is, is she liable for the damage?
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Yes. Why wouldn't she be? She damaged the car, right? So she's liable for the damage.
Quote:
Originally Posted by Impureclient
Does her insurance have to pay for the damage...
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That depends on her policy. Most likely she would be covered under her own liability policy, but none of us can know that for sure.
Also, going back to the first question, even if the insurance company agrees to accept her liability for the damage, it's still ultimately
her liability. The insurance company is simply agreeing to stand in for her.
Quote:
Originally Posted by Impureclient
... or does she just turn the car back in and that's it?
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She could try that if she's a dishonest person who doesn't own up to her mistakes and shirks her responsibility. If the dealership is so sloppy that they just hand out cars without a loaner contract and without getting her insurance information, they may be sloppy enough not to notice until it's too late to figure out where the damage came from.
But what's more likely to happen is that they'll demand her insurance information and file a claim against her liability coverage. If she refuses to give them her insurance information, they'll probably file the claim with their own insurance company instead, and then that company's subrogation department will find out her insurance info and sue her and/or her insurer to reimburse them for the claim, plus legal costs and expenses. Most likely the failure to report an accident of that type to her own insurer would invalidate her policy for that matter, so that they would simply refuse to accept responsibility for it, and the suit (and subsequent damages) would fall entirely on her. Oh, and if the dealer notices the damage before they release her own car back to her, they may refuse to give it back if she doesn't provide her insurance information for a claim.
Sure, that sounds like the way to go. Let us know how it turns out.