QUESTION
Can I sue someone who drove my car with me inside and damaged it?
Asked on Sep 04th, 2017 on Breach of Contract - Georgia
More details to this question:
In October 2016 I was seeing a guy who asked me to drive out of state to pick him up. At the time he was a truck driver. Once I picked him up he took over the driving. On our way back he ran over what must have been the rim of an 18-wheeler and damaged the front of my car. Through calls and text messages he agreed to fix my car. It will be a year next month and my car is still not fixed. Can I sue him for the damages to my car since he was the one driving?
1 ANSWER
Yes, although it is more important that he has breached your contract that he would settle the dispute by fixing your car, than it is that he was driving. If there was no contract, you would have to prove tha the was negligent in order to recover. However, since the two of you agreed to settle your claim by him fixing your car, his negligence or lack of negligence in driving the car is irrelevant. You have a settlement agreement; he breached it.
Answered on Sep 05th, 2017 at 7:39 AM