Borrowed uninsured car had an accident while we backed up other driver turned the corner. Who is at fault?

If your husband had any insurance it MIGHT cover him for this and you should report it to that carrier immediately. Then again, even if he did have coverage, it might not cover this vehicle even if he had permission to use it, depending on the company and the policy language. Seems as if your husband is liable for his actions and assuming he does get sued, theoretically he could bring a cross claim against his "friend." As to judgments going against you, it is possible that a judgment against a married spouse could result in collection attempts against the other spouse but you are way ahead of yourself so take a deep breath and relax before thinking these dread thoughts. Either way, it is a mess and I dont't envy your situation. Don't call the friend back, report it to your carrier (if you had one) and sit tight for now. If you need to talk to a lawyer, please call me at 773.944.9737.

My answer is a little different. First of all, your husband is liable for negligence, but only if it can be proved by the probabilities by the other party. The burden of proving your husband's negligence is on the other party. I would not help them prove it in any way. In other words, I would do nothing about paying the other party a dime and would ignore the other insurance company's payment demands. Let them go to court if they think they can prove a case. Report this collision right away to your insurance company, but do it through your family lawyer. Let your lawyer read your auto insurance policy before it's reported. It's impossible to know based on what you've outlined here whether your policy is going to cover this loss or not. Your lawyer can tell if he knows insurance law and reads the policy. It's worth the cost of his time. As for the harassing calls, tell the guy you are going to call the cops on him. Harassing calls are against the law - a criminal act. Follow up with police if he persists. Have your lawyer do this for you if you don't want to take care of it. As for a lawsuit, I say it's no big deal. That's what courts are for. Demand a Jury to hear it, and hire a lawyer to defend you. It is not going to be expensive because it's a small claim. Donald Nathan 630-758-1500 www.donaldnathanlaw.com

You do not state if your husband has his own automobile liability insurance. If he does, he is covered by it while driving the uninsured vehicle of his friend. If your husband has insurance, he needs to report this incident immediately to his carrier. This situation is a good example of why no one should drive him and or own any motor vehicle without maintaining adequate automobile liability insurance at on it at all times. Legal Disclaimer: Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

Correction: This situation is a good example of why no one should operate or own any motor vehicle without maintaining adequate automobile liability insurance on the vehicle at all times.