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A coworker borrowed our vehicle for her road test. upon

Customer Question
A coworker borrowed our...

A coworker borrowed our vehicle for her road test. upon returning to the dmv and attempting to park the vehicle she revved the car so much the she went over the curb, sidewalk, and crashed into the Sarpy Co. dmv building. this resulted in our insurance dropping us and another company more than doubling our rates to approx 350/mo. for the next 5 years. would like to bring a case against her for 225/mo. for the next 5 years for a total of 13,500.

Lawyer's Assistant: Have you talked to a MO lawyer about this?

Have not gotten any legal advice yet in this issue. We live in La Vista, Ne and the incident happened in Sarpy Co. Ne.

Lawyer's Assistant: What steps have you taken so far?

So far she got us into a real beater upper of a 2nd vehicle to replace the one she destroyed. She then refused to pay to have it registered and the plates transferred. and as i said our ins was dropped and the company that will pick us up is more than doubling our rates for the next five years.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I (Okey O'Bryant) / we (and my wife Krista O'Bryant) can be reached at H:(###) ###-####C:(###) ###-#### I / we reside at***** Apt 1A in La Vista, NE 68128.

Submitted: 3 months ago.Category: Legal
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Answered in 1 minute by:
3/25/2018
Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,473
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 3 months ago
She was at fault on the police report and her Oregon learners permit number is ***** on it. Do we have any type of chance of getting a compensatory payment of 250/mo from her to cover our increased insurance costs due to the accident she caused?
Lawyer: Legal Eagle, Lawyer replied 3 months ago

Thanks for your patience. The answer to your question is yes because this to me sounds like a classic case of negligence on the grounds that she destroyed your vehicle and it caused you damage not only to your vehicle, but subsequent damage to your insurability. Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action. Basically, the question is, “Did the defendant’s actions fall below the standard of care for a reasonable person in a similar situation?” If the answer to that question is yes, then there is negligence and you are entitled to damages. Damages can be difficult to calculate, but if you click here you can use a calculator help you understand.

You may want to consider just writing a formal demand letter that she pay for the difference. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation. But keep in mind you may have to go to small claims. How else can I help you today?

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Customer reply replied 3 months ago
please call so we can talk
Lawyer: Legal Eagle, Lawyer replied 3 months ago

Hi, I see that there's a payment failure. You may need to call your bank or CC company to authorize the charge.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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