Is my neighbor legally and financially responsible

[aak198624]

I was not home one night, but my car was left with my husband and one of my neighbors asked to use the car and he let her. While she had the car she totaled it. The reason why I am saying my car is because the car is in my name and was purchased before the marriage, making it my property not marital property. Also we have had this problem before with him letting her borrow the car without my knowledge. So my neighbor and I had a discussion about her not asking him, but asking me for permission to drive my car, but she still went behind my back and asked him and while she had my car she was in a one car accident and totaled it. I have text messages of her agreeing that she did indeed total the car and that she would pay me. How would this case go over in small claims court?

 

[Betty3]

First off, did you report the accident to your car ins. co.? When you report it to them, they will generally go from there. (handle)

 

[adjusterjack]

I was not home one night, but my car was left with my husband and one of my neighbors asked to use the car and he let her. While she had the car she totaled it. The reason why I am saying my car is because the car is in my name and was purchased before the marriage, making it my property not marital property. Also we have had this problem before with him letting her borrow the car without my knowledge. So my neighbor and I had a discussion about her not asking him, but asking me for permission to drive my car, but she still went behind my back and asked him and while she had my car she was in a one car accident and totaled it. I have text messages of her agreeing that she did indeed total the car and that she would pay me. How would this case go over in small claims court?

I'm guessing that you and your husband have one policy covering your family vehicles. If that was the case then reporting the loss to your insurance company would result in your car being covered but, after paying the claim, your insurance company would not go after the neighbor for reimbursement because your neighbor used the car with the permission of the policyholder. That makes the neighbor "an insured" under the terms and conditions of the policy.

If you wanted to keep your insurance company out of this and get your neighbor to pay for it, you would have to win a lawsuit by proving that the neighbor was negligent in causing the accident. If she wasn't, and somebody else was at fault, you would not win.

If you allow your insurance company to pay for the car you give up the right to sue the neighbor for all but your deductible.

Since your husband keeps letting her borrow the car without your knowledge I think you might want to consult a divorce lawyer as there might be more going on than just car borrowing.