Thank you for your question, Sherrie. Please permit me to assist you this afternoon.
This is a tough situation to be in. As 'owner', you are entitled to have the vehicle be in working shape even if you allow others to use or borrow the vehicle. Since your daughter is not owner, she is liable to you for all damages. In terms of letting the third party drive the car, that is not actionable as it was not in writing that 'borrowing' the car to someone else is not permitted, but damages that he caused when the car was borrowed is attributed to the daughter since she was the custodial of the property. You can therefore pursue her for costs for the damage but not for the unauthorized use since that use was never denied to her under contract.
Hope that helps.
OK, so I can take my daughter to court for the damages.
Do I take her to small claims court or regular court?
Who pays for court cost?
How do I get the process started into court, for a court date, to have her served, etc...??
What is the procedure for her to pay and how long does it take her to pay if the court finds in my favor?
What is the max $$ amount for small claims court?
If it is above the $$ amount, then it goes to regular court?
At this time Missouri small claims have a $20,000 threshold. I doubt that damages to your vehicle are above that amount, but if yes, you would need to go to a higher court that is far less friendly to self-representing parties.
Hope that helps!
This is some great information
Glad to help and good luck to you if you choose to pursue this. Please let me know if I can answer anything else. Otherwise I would ask that you kindly positively rate my answers so that I can obtain credit for my work. Thank you very much!
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