UTV Accident! Please Help!!!

[Anon1122]

I live in Los Angeles CA.
My friend let me drive his UTV and I flipped it. This happened at Pismo Beach, CA. I wasn't speeding or driving dangerously (everybody in the vehicle agreed even my friend who got hurt). My friend, under the influence of alcohol and marijuana, drove me and two other people out on the sand dunes. When we were almost back to campsite he stopped and asked if I wanted to drive so I did (I was 100% sober). I had only 1 prior experience off roading on different terrain. I wasn't ready to drive on sand it was very different than any driving experience I've ever had. After about a minute of me driving we rolled 360 degrees on the vehicle's side with momentum towards the passengers side landing back on the wheels. My friend dislocated and broke his elbow. The two passengers in the back were fine, and I as the driver had only minor injuries. His dad is the owner of the vehicle and is going to sue me for damages to the vehicle as well as his sons medical bills. We are all over 18. The only thing I can find in my defense is that he let me drive even though I'm inexperienced and CVC 17150. He told me they didn't have any insurance for the vehicle and that it was totaled. Please help me. I don't have any money to hire a lawyer or to pay for the damages because I'm only 21, unemployed, and attending college. Thanks!

 

[xylene]

Dad can't sue on his adult son's behalf. What your friend may do is another matter.

I find it hard to believe the vehicle is totaled and he'll need to prove that. Even if it is, at most he's entitled to the worth of the vehicle, not a new vehicle.

 

[Anon1122]

Am I liable? Could I pontentially argue the point that I drove because he was intoxicated and it was safer driving that way? Or is there any other argument I could make? They told me they bought the vehicle brand new for $25k and that was that weekend was its first outing. Will the court make me pay $25k (even though I couldn't pay that anyway)?

 

[Eekamouse]

Am I liable? Could I pontentially argue the point that I drove because he was intoxicated and it was safer driving that way? Or is there any other argument I could make? They told me they bought the vehicle brand new for $25k and that was that weekend was its first outing. Will the court make me pay $25k (even though I couldn't pay that anyway)?

It doesn't sound to me like you were driving with any caution, knowing your limitations.

 

[Anon1122]

I definitely was driving with caution. I stopped the vehicle completely when my friend had a comment to tell me about my driving. I wasn't speeding or driving recklessly. Everyone in the vehicle agreed that they were surprised I flipped BC I wasn't driving poorly. The people in the back even said they were shocked that my friend/the previous driver didn't crash us and that I did.

 

[Eekamouse]

I definitely was driving with caution. I stopped the vehicle completely when my friend had a comment to tell me about my driving. I wasn't speeding or driving recklessly. Everyone in the vehicle agreed that they were surprised I flipped BC I wasn't driving poorly. The people in the back even said they were shocked that my friend/the previous driver didn't crash us and that I did.

No, you don't sound like you were driving safely and with care. Your friend made a comment about the way you were driving and then there's the fact that you flipped the vehicle. You obviously were not putting safety first which is why you flipped it. You do have the responsibility of this accident.

 

[Zigner]

No, you don't sound like you were driving safely and with care. Your friend made a comment about the way you were driving and then there's the fact that you flipped the vehicle. You obviously were not putting safety first which is why you flipped it. You do have the responsibility of this accident.

To be fair to the OP (and to avoid more indignation from the OP)...
The OP thought he was driving safely, but was negligent because he knew he didn't know how to safely and properly operate the vehicle, yet he chose to drive it anyway.

 

[LdiJ]

To be fair to the OP (and to avoid more indignation from the OP)...
The OP thought he was driving safely, but was negligent because he knew he didn't know how to safely and properly operate the vehicle, yet he chose to drive it anyway.

I agree. However I do NOT believe that it was purchased at 25k, it was its first outing, and flipping on sand actually totaled it. I also find it hard to believe that the owner would not have insured a 25k vehicle.

In fact, after looking at pictures and prices of UTVS (what I would call a dune buggy) the only ones that cost anywhere near 25k look like they would be virtually impossible to tip.

 

[Zigner]

I agree. However I do NOT believe that it was purchased at 25k, it was its first outing, and flipping on sand actually totaled it. I also find it hard to believe that the owner would not have insured a 25k vehicle.

No argument from me I was just pointing out that the OP is getting his feathers ruffled because he was trying to drive safely, even though nobody is saying otherwise.

 

[Anon1122]

Hey guys sorry if I seemed rude I was trying to more accurately portray the event and how the other people in the vehicle felt at the time. I was getting defensive because I don't know what to do and I don't have $25k to pay the guy. I also doubted that it was totaled I looked at the vehicle post accident and there was minor body damage. I have a different friend whose dad owns an auto shop and he offered to take a look and give us a free estimate but my friend told me his dad wanted to take the vehicle to their own guy that charges $500-1000 just to look at it (and they were gonna charge me that too). Then shortly after he told me it was totaled and he expected me to pay his medical bills...

I'm not sure which specific model it was but it's a Maverick 4 seater UTV.