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Attorney & Mediator
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Experience:  Attorney & Certified Mediator
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I have a 31 ft. Holiday camper trailer parked in Newton County

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I have a 31 ft. Holiday camper trailer parked in Newton County where it has been for 5 years. It is on private property about 75 feet from a highway. On Jan. 25 a car ran off the road and hit my trailer. The driver was driving his girlfriend's car. The car was not insured. Ths man works in a chicken processing plant in Scott county. His girlfriend (the owner of the car) is not employed. Southern Camper Sales in Biloxi gave me a written estimate of $5255.73 for the repair. They are refusing to pay. I would like to know which person is more responsible for the damage;- the car owner, or the driver? Also, what are my chances of collecting for my damage in a law suit? Thank you sincerely, XXXXX XXXXX Gulfport
Submitted: 6 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 6 years ago.
I would like to know which person is more responsible for the damage;- the car owner, or the driver? Also, what are my chances of collecting for my damage in a law suit?

Both would be responsible for the damages. You can name both parties as defendants in your lawsuit. You can sue the owner of the vehicle for negligently allowing the boyfriend to drive her vehicle. You can sue the driver for negligence and actually causing the accident.

In a lawsuit, it will be your burden to prove the following elements:

Duty: They both owed you an obligation of safe driving. She owed you the obligation to make sure she had a responsible person driving her vehicle and he owed you responsibility to drive safe.

Breach: Failure of the duty caused the accident.

Causation: The girlfriend's car and the boyfriend's driving where the cause of the damages.

Damages: Your estimated repairs.

Again, you can name both parties as defendants and based on the information you provided, I can't see why you can't prevail on your case. In addition to the cost of repairs you can include they pay for the court fees and costs in having to file the lawsuit and any other losses resulting from the accident.

Please click accept, and I can help with further questions if you have them.


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