I purchased a 2010 Kia Optima in March 2013 for my 32 year old daughter and her 2 toddlers to get around town in, being she did not have credit to get her a descent
The car was/is in my name, and both myself and my daughter is/was on the auto insurance policy
The agreement was, that she make the monthly auto insurance premiums
of $104.00 a month. She made 2 payments out of 8, I paid the rest.
The car payments, I would make monthly payments and she would pay me back when she got her income tax the next year on everything that I paid on the car from Jan 1st thru Dec 31st of the previous year.
She told me in July 2013, that her husband and his friend on April 18th, 2013, took the car to run a errand, and during that time, they found a ladder on the side of the highway and stopped to get it. They had no way to haul it, so the friend held it outside the passenger window against the side of the car, while her husband drove the car.
She told me her husband told her he would pay her for a new paint job to fix it.
It is scratched all over from the front fender to the rear fender.
On October 15th, I had words with her, and went to get the car from her place on October 16th, and brought it to my house. I now have possession
of the car.
I never gave her husband permission to drive the car, only her.
My question is, Can I take her to small claims
court for the damage to the car since it was in her possession and she allowed her husband to drive it without my knowledge?
And will I have a case?
I know I will have to get 3 estimates for the repairs.
Thank you, Sherrie