Can I sue for property damage to my car if I lent it to friend and she totals it?
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Can I sue for property damage to my car if I lent it to friend and she totals it?
I lent friend car, within 15 minutes she gets in accident and insurance deems it totaled. I have a car note on the car, so the money for damages from insurance goes straight to bank where I got loan from, leaving $0 to pay from repairs to car, or to get a new car. Police report claims she is not at fault, so she feels absolved of any financial obligation and decides to walk away. Can I sue her for property damage even if I gave her permission to drive it? Can I sue her for the amount it costs to pay for the damages, or at least for the amount that I put as a down payment on the car?
Asked on December 3, 2014 under Accident Law, New York
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Since the police report says that your friend was not at fault in the accident, your claim should be against the party who was at fault. Your friend is not liable for the accident.
You can reject the settlement offer from the at-fault party's insurance carrier that the car was totaled, and sue the at-fault party for negligence to recover compensation for the property damage (cost of repairs) to your car.
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