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Loren, Lawyer
Category: Traffic Law
Satisfied Customers: 29095
Experience:  Former Asst State Attorney/Hearing Officer
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I helped a friend with getting a car. The car is under my

Customer Question

Hi, I helped a friend with getting a car. The car is under my name but the insurance is through hers. She is the driver and I am listed under her insurance has non driver. It's been over a year now and I finally got the car back. But she did some damage to it. And also left the car abandoned on private property with no insurance. What can I do about this? Police said it was a civil matter.
Submitted: 2 months ago.
Category: Traffic Law
Expert:  Loren replied 2 months ago.
Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.
Expert:  Loren replied 2 months ago.
You were correctly advised by the police. This is a civil matter and you can sue the friend for the damages she did to your car. If the claim does not exceed $7000 then you can sue in small claims court. Small claims court is designed to be "user friendly" so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.
Customer: replied 2 months ago.
The car loan still has 11,000 on it though and there's a good chance there's a ticket in the mail for car abandoment and no insurance. Any way I would be able to get out of that
Customer: replied 2 months ago.
how can I sue someone that has nothing. Wouldn't I just be wasting my time
Expert:  Loren replied 2 months ago.

The loan is still owed by whomever signed the note, but if you and your friend had an agreement to share the cost then that is enforceable by you as to her share.

The ticket is the responsibility of the legal owner.

If she has nothing then you are correct, it is likely a waste of time to get a judgment against someone you have no hope to collect against and it just becomes an expensive lesson.

Expert:  Loren replied 2 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Customer: replied 2 months ago.
But I have a paper stating she was the driver and I am non driver so obviously I didn't abandoned the car. And the day I found out it was towed. I went to get the car insured registered and payed 620 to get it out of tow. So clearly I didn't abandoned the car
Customer: replied 2 months ago.
Does a citation for car abandonment and no insurance effect your insurance will it increase?
Expert:  Loren replied 2 months ago.

Request a hearing and present that to the judge.

It should not have an effect on your insurance premiums.

Expert:  Loren replied 2 months ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 2 months ago.

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Thank you!


Customer: replied 2 months ago.
How long does it take to receive a Citation in the mail. The car was towed on the 23rd and i still haven't received a ticket in the mail.
Customer: replied 2 months ago.
Wouldn't they leave the ticket on the car
Expert:  Loren replied 2 months ago.

Presumably, a ticket would be left on the car, but if it was to be mailed then you could presume you would get it within 30-45 days.

Customer: replied 1 month ago.
say the car was abandoned on private property and the police had the car towed they would leave the ticket on the car?
Expert:  Loren replied 1 month ago.
Probably not on private property.
Expert:  Loren replied 1 month ago.

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