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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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my wife borrowed my mother in laws car as ours was broken

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my wife borrowed my mother in law's car as ours was broken down. as she was driving to work she totaled the car.the insurance company decided to pay the remaining balance of the loan but my mom loses the car now my mom wants to sew my wife and I for $7000 so she can buy a new car can she sew us and hold us liable for the replacement of the car
Thank you for your question. Please permit me to assist you with your concerns.

That is a very good question. The answer depends a bit on how the vehicle was totalled. What happened? How was the accident caused? Who was at fault?
Customer: replied 4 years ago.

my wife rear ended someone she is at fault she was driving in bumper to bumper traffic and look down for a second looked up and the person was stopped and she slammed into them the car was a 2002 BMW worth about $7,000 my mom owes $7,000 on it the insurance company paid the remaining balance on the loan but now my moms left without a car

Thank you for your follow-up, Josh.

In that case, since your wife was the one at fault, she is the one who is responsible for the replacement cost for anything the insurance company did not cover. The reason is because she utilized the vehicle and she was the one who caused the harm to the item, and she therefore is the one who damaged or destroyed it. Your mother cannot sue her on top of what she lost, but she can sue for costs that were not covered by the insurance company. For example if the car's fair trade value was $9,000 and she received $7,000 from the insurer, she can turn around and sue her (but not you as you did not damage the car), for the remaining $2,000. Your mom would not be able to sue for more because technically her losses were covered by the insurer, and suing you for the same amount would be attempting to get double value for the same item.

Hope that helps.

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