my car is pretty old and the damage done to it is at least $6000... i dont have any money or job to pay for it plus i wasn't the one driving... is there anything legally that says the person driving should be the one that pays for the damage?? my friend doesn't have insurance as far as i know but he works... and has some money... and he ruined my car so why should i have to pay for it? now im stuck without a car and no money for a new one...please let me know what to do.
2006-10-25 08:36:01 · 22 answers · asked by Alli 2 in Politics & Government ➔ Law Enforcement & Police
my car is pretty old and the damage done to it is at least $6000... i dont have any money or job to pay for it plus i wasn't the one driving... is there anything legally that says the person driving should be the one that pays for the damage?? my friend doesn't have insurance as far as i know but he works... and has some money... and he ruined my car so why should i have to pay for it? now im stuck without a car and no money for a new one...please let me know what to do. ALSO.. i dont have collision insurance on my car, only liability.
2006-10-25 08:42:36 · update #1
ALSO.. i dont have collision insurance on my car, only liability.
2006-10-25 08:43:20 · update #2
If all you have is liability, then you are out of luck. This is one of those situations were you learn from your mistakes. He has absolutely no legal obligation to pay for any damage. You are the owner and therefore are responsible for the car. You lent it to him and he destroyed it. Ethically, he should reimburse you, but he doesn't have to. Next time, be careful who you let borrow your vehicles, or anything for that matter.
2006-10-25 08:49:42 · answer #1 · answered by Anthony L 3 · 2⤊ 0⤋
You could sue for damages, but since you have no money I don't know how you would do that. Since you have a car, I am assuming that you have insurance, however, since you state that it's old and most likely paid off, I'm also assuming that you are only required to carry liability in your state. Morally, yes, he should pay for the damages. Legally, you may have little recourse or none if you didn't get a police or witness report to prove he was the one driving it. You may have just given yourself a costly life lesson, don't let other people drive your car.
2006-10-25 08:41:57 · answer #2 · answered by Kelly S 3 · 1⤊ 0⤋
Take your friend to small claims court. Hopefully, there is a Police Report/ Accident Report that has his name on it as the driver of the car. If not, then you better hope your "friend" will be honest in court & admit to being the driver. Depending on what your insurance company settled on, I doubt that you will get more than your deductable & the blue book value of the car. I'd sue for the max ($5000.oo) & ask for any lost wages, car rental fees, towing & stage fees, & possible mental anguish from his negligence. You might want to talk to an Attorney or Legal Aid about the paperwork you will need to get started. Usually your local courthouse should have a clerk at the counter who can direct you to the proper forms & departments to start your case. Good Luck. You might even be able to have the DMV place a hold on his license & registration of future vehicles if he does not pay you. Every state is different.
2006-10-25 08:52:21 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Even if your friend DID have insurance, you'd have to have collision to get paid for the car (the liability only covers injury to humans). If you listed the friend as a driver on YOUR insurance policy, it wouldn't matter (depending on the company and your state's laws), whether he had insurance or not. Probably, all you'll get out of it, if that, is the value of whatever was IN the car, if anything. I doubt it, though, since you don't have collision. You should try to work it out w/your friend. If he's refusing to pay, I'd cross him off MY Xmas list!
Take him to small claims court...what've you got to lose except a few bucks in fees?
2006-10-25 09:09:58 · answer #4 · answered by Gwynneth Of Olwen 6 · 0⤊ 0⤋
Hmmm.....here's what I think. Yeah, he should pay for but he isn't obligated to do so, you let him drive the car knowing that he was uninsured. If he was a good friend he would offer to pay for it, or some of it but, like I said, he doesn't HAVE to. Lesson learned-right? You won't be letting your uninsured friends drive your car anymore now will you? Well, at least until you have a job and some means of paying for the repairs in the event something like this ever happens again because when you allow someone to drive your car you should be ready to take responsibility for anything that may happen. Too bad, so sad.
2006-10-25 08:45:25 · answer #5 · answered by sarahsmiles1222 3 · 2⤊ 0⤋
This scenario has been on Judge Judy several times. If your friend borrowed the car with your permission then he assumed responsibility for driving it safely and returning it to you in the same condition. He had a duty to operate the car with the same care he would use had it been his own. If he failed to do so, then he is liable to you for the damages. You could sue him in small claims court for the cost of the repairs and probably prevail, though you won't recover more than the value of the car.
2006-10-25 08:47:23 · answer #6 · answered by Rob B 4 · 1⤊ 0⤋
Heh, heh.....you'd loose this case in a civil court too. The truth? Your friend is not responsible to pay you for the damages nor will he/she have to. The damages to the property (lets say he/she struck a phone pole, guard rail, another car) will be levied against your insurance. That is of course if it's current. You have a detuctable too. If your car is old the insurance company can write it off as totaled and you get ugatz...nothing..nada...zilch.
You are now car-less. Sorry...but you're SOL (Sh*t Outta Luck)
2006-10-25 08:41:35 · answer #7 · answered by Quasimodo 7 · 1⤊ 0⤋
I 'd just like to reiterate that ,yes you do have a claim and a valid case in small claims court, depending upon your jurisdiction the amount you can sue for varies, but you may sue for the maximum allowable after deducting for depreciation,in addition you may add court costs and time loss from employment , also in most instances to mitigate damages you may want to make an arrangement for a settlement with the defendant prior to filing your complain.
2006-10-25 09:02:49 · answer #8 · answered by Bxrock 2 · 0⤊ 0⤋
If you gave him permission without strings attached to use the car. You take the risk of him damaging the car. the only way a law suite would be sucessful. Is if you can prove negligent behaviour on his part. ( And that is not a simple mistake) also reguardless of repair cost. you can only get actual value of the car. If you want to sue try one of thoes TV courts you may have beter luck there. Their decisions arn't truley based on law.
2006-10-25 08:45:40 · answer #9 · answered by truckercub1275 3 · 0⤊ 0⤋
liek someone said you can try and bring him to civil court, since he doesnt have insureance that my play against you. If he was intoxicated, took the car without consent etc... you might be able to get a little something but then you'd be losing a friend... also your insure wont back you nor help repair your car so its lose everything or try and get what you can from your friend through civil court
2006-10-25 08:45:11 · answer #10 · answered by Kamui VII 4 · 0⤊ 0⤋