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I let a friend use my car and she totalled it. She does not have a licence or insurance. She agreed to pay for damages and or pay for the car and now she is backing out. She herself cannot pay so her mother had also agreed but she aslo refuses to pay. Should i take her to small claims court or not? the insurance bought my car already however its not close enough to buy me another car.

Submitted: 245 days and 3 hours ago.
Category: Legal
Value: $15
Status: AWAITING CUSTOMER ACTION
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Posted by B. T. Mayer, Counselor at Law 245 days and 3 hours ago.

Answer

Hi XXXXXXXXXXXXXX:

 

whether to bring a "friend" into court is a personal decision, but if someone wrecks your vehicle, they are obligated to reimburse to you up to the value of the vehicle. Small claims was made for exactly this sort of situation, so use your best judgment. Frankly, in my opinion, there is both a moral and legal obligation to compensate someone for your negligence, so if they fail to do what is right and meet that moral and legal obligation, the courts are there to compel them to do right. Best of luck.

 

If this was informative, please remember to click "accept" so I may receive credit for my personal time and knowledge. Thank you.

245 days and 3 hours ago.

Reply

would it be best to get an attorney if they have a family lawyer already involved?

Answer

Hi tigerbabie177:

 

that's a personal decision; it's always nice to have an attorney on hand, but the cost may outweigh the expense. If they have an attorney helping them out, consider paying an attorney for 45 minutes of his/her time to make the initial contact and write a letter offering settlement (to let them know that you're serious); the response to those communications will probably tell you if further services will be needed.

 

If this was informative, please remember to click "accept" so I may receive credit for my personal time and knowledge. Thank you.

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Expert: B. T. Mayer, Counselor at Law
Pos. Feedback: 99.7 %
Accepts: 
Answered: 3/23/2009

Attorney

California attorney experienced in family, probate, criminal, and personal injury law.

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