QUESTION
Would I be able to get the full cost of repair from him if I take him to small claims court for borrowing and damaging my car?
Asked on Sep 20th, 2012 on Personal Injury - Louisiana
More details to this question:
A friend of mine asked me to lend him my car to drive it to work. I was out of the country and another friend had the keys. I instructed her to let him drive my car and give him the keys. Instead of driving the car only to work, he borrows the car to my friend who had the keys but I never gave her the permission to drive. When I returned, I noticed the car was scratched. The estimated damage is around $400. He claims that he did not hear when the car scratched. She claims that she drove the car only when the two of them were together. Both of them agree the car was damaged while I was gone. I claim that the friend who I lent the car to is responsible for paying the full damage since I never authorized anyone else to drive. He refuses to pay and claims that since he never heard that he scratched the car he did not damage it and will at most pay half of the damage.
8 ANSWERS
Thomas Edward Gates
Yes.
Answered on May 22nd, 2013 at 2:25 AM
Ronald A. Steinberg
The person you entrusted the car to is responsible, regardless of who damaged the car. Neither of these cretins is your friend.
Answered on Sep 25th, 2012 at 9:40 PM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
The car was a bailment and the person to whom you gave the keys is responsible for the repair.
Answered on Sep 24th, 2012 at 9:19 PM
Personal Injury Attorney serving Marietta, GA
at
Law Office of Ronald Arthur Lowry
Update Your Profile
The logical way to work this out would be for each of them to pay 1/2 the cost to repair. In court, this would be a hard case to prove. The explanation of why would require a dissertation on bailment law. Resolve it informally if possible.
Answered on Sep 24th, 2012 at 7:51 PM
You have a claim against both. The driver who actually caused damage and your friend who without your permission gave your car to someone else to drive.
Answered on Sep 21st, 2012 at 12:18 PM
Business Attorney serving Riverside, CA
at
Berger and Raphael, LLP
Update Your Profile
Yes, he is responsible. I would suggest small claims court for this minor damage.
Answered on Sep 21st, 2012 at 12:17 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
You will prove who had lawful use of the car and who caused the damage. Don't think it will be worth the time effort and cost to small claim the matter. Take what you can get and be careful about who you let have your car .
Answered on Sep 21st, 2012 at 12:05 PM
Brain Injury Attorney serving Baton Rouge, LA
at
The Lucky Law Firm, PLC
Update Your Profile
Yes, you may be able to recover the cost of repair from the driver or your other friend.
Answered on Sep 21st, 2012 at 11:44 AM