Legal assistance with car liability

Questioner

Our son used his car with the owner's permission. During use, our son caused an accident. The owner holds our son liable for the damage to his car. Our liability insurance rejects the damage. The owner's insurance also does not cover this damage. Now he is being summoned personally for the damage. What can he do?

Lawyer

I assume he is of legal age because he borrowed a car. There is a very good chance that your son will have to pay for the damage. He borrowed the car. If you borrow something, you must return it undamaged. If you cause damage, you are obliged to pay for the damage. You could still try to argue that the owner should have pointed out to him that the car was not fully comprehensively insured. But even if the car was fully comprehensively insured, the owner could still have claimed the damage, a no-claims penalty, from your son.

Questioner

thank you very much for your answer, it makes a difference that he had permission because he provided services to the owner of the car for which he needed the car and the owner allowed him to use his car

Lawyer

If he used the car because he was doing a job for the owner of the car, then the situation is different. It can then be stated that the car was not actually borrowed but made available to perform a favor to a friend. The damage that occurs while performing a favor to a friend can usually not be recovered from the person who helps.