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Thoreau (T-USA)
Thoreau (T-USA), Lawyer
Category: Criminal Law
Satisfied Customers: 9176
Experience:  Attorney
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We allowed a person to borrow a vehicle in order to move a

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We allowed a person to borrow a vehicle in order to move a few things. After not returning it on the agreed upon day, we went looking for it only to find that the tailgate was dented outward the brake light was busted the wheel well was missing and there were several scratches and dings that had not been there before. The "gentleman" gave a bs story about what had happened. My question is what can we do legally to recover money for this. Also would it be better to file or not file on our insurance?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Thoreau (T-USA) replied 3 years ago.
Good morning! I'm sorry to hear about the situation!

If an individual loans another person his/her car and the car is damaged, that person may have a basis to sue the individual who borrowed the car for the damage he/she did while using the car.
Whether or not to file an insurance claim can depend on a number of factors. That said, it's important to understand that filing insurance claims can potentially result in increased premiums, meaning that it may make more financial sense to pay for small damages out of pocket in some instances or, when another party is liable for the damages, to seek to recover the value from that party.
Thoreau (T-USA), Lawyer
Category: Criminal Law
Satisfied Customers: 9176
Experience: Attorney
Thoreau (T-USA) and 8 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
What steps do we take and is it possible to file both criminal and civil charges. reason being that any monetary damage will most likely never be recovered. Thank ;you for your quick reply
Customer: replied 3 years ago.
What steps do we take and is it possible to file both criminal and civil charges. reason being that any monetary damage will most likely never be recovered. Thank ;you for
Expert:  Thoreau (T-USA) replied 3 years ago.
My pleasure! I'm happy to provide some valuable information!

Unfortunately, damage to borrowed property is typically a civil matter and it's not typically criminal in nature.
If an individual does damage to property intentionally when he/she has no authority to do so, that can be a crime.
However, accidents are not typically criminal in nature.

An individual can file a civil suit at the Clerk of Court's Office.
You should involve your attorney in the matter, as your attorney will handle the process for you and you may be able to recover your attorney's fees as well if successful.
Your attorney can also evaluate whether or not the other party's insurance policy may have covered him while driving your car, thus providing additional recourse.

If a lawsuit is necessary and if an individual wins, he/she may recover the value won through wage garnishment, a bank levy, etc.
Therefore, while it can be difficult to recover, there are means of doing so and your attorney can help you with that process.
Thoreau (T-USA), Lawyer
Category: Criminal Law
Satisfied Customers: 9176
Experience: Attorney
Thoreau (T-USA) and 8 other Criminal Law Specialists are ready to help you

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