Property Liability

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anlonganecker

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Ok so here is the predicament my fiance and I are in. We let a friend of ours borrow one of our cars while theirs was getting fixed. Well his wife wrecked it, and then ran so a police report was never filed. We have liability only so even if we wanted, insurance couldn't cover the repairs. The damage is worth $5,900 and they said they were only going to pay us $2,800 for it. It is a 2001 Toyota Tacoma with only 85,000 miles on it. With the money they are willing to give me the only vehicles I will be able to buy are worth a lot less and are probably not going to last us as long. We are both in the Marine Corps and he is getting ready to deploy so paying us back that money should not be a problem because of the extra money he will be receiving but he refuses. I was just wondering if I had a case for small claims to recieve the full value of the repairs for my vehicle. Please help.
 
This is easier than small claims. Yes, you can always try small claims.

If he's in the military, all you have to do us tell his commanding officer. Or, you can also get JAG involved.

Start with the 1SG or his CO. You'll be surprised how fast you get your money. His CO can order him to pay you, if he refuses, he's got bigger problems.

One other note: Did he or his wife have insurance? I'm sure they did, if they drive on base. Why not go after HIS insurance? It covers HIM or HER when they drive any car. Don't tell me HE didn't have anything but liability, either? Did his wife damage anything other than your car? Was anyone hurt? Get ready for her to come after you, claiming injuries. This often happens in these kind of cases.

I hope you've learned your EXPENSIVE lesson. :yes:
Next time anyone wants to borrow your car, send them to Hertz, Avis, or National; and just say, NO! :no:

 
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They do have insurance. Its was a hit and run. She hit the other car and then took off so an official police report was never filed, that also makes involving insurance a little more difficult.
 
anlonganecker said:
They do have insurance. Its was a hit and run. She hit the other car and then took off so an official police report was never filed, that also makes involving insurance a little more difficult.
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Wow, a real upstanding citizen, she is; NOT!!!

She screwed the other car owner, and you guys, her friends.

Anyway, take it to his commander.

Or, tell the police, and let them investigate it.
 
anlonganecker said:
They do have insurance. Its was a hit and run. She hit the other car and then took off so an official police report was never filed, that also makes involving insurance a little more difficult.
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They would'nt try to say they were not driving at the time of the accident huh? Im sure they would if they screwed the poor people they hit and ran! Just hope this does not come back to bite you so think before you act. How long ago was the accident?
 
anlonganecker said:
It happened in May. And I have plenty of witnesses that could say she was definately driving
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You can always report her to Crime Stoppers or anonymously to the police.

Or, as I said, report him to his commander. However, since she was driving, that might not work.

If you have witnesses to the hit and run, I'd go directly to the police. The other victims need relief, too.

You could anonymously tell the victims of the hit and run, who hit their car. You could provide names and contact information for the witnesses. Then, the hit and run victims could report the matter to the police. That way you stay out of it, but reap the rewards you seek.
 
It wont affect me that I dont have anything written saying she will take care of the vehicle if anything should happen to it under her care?
 
anlonganecker said:
It wont affect me that I dont have anything written saying she will take care of the vehicle if anything should happen to it under her care?
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No, you loaned her the vehicle.
This is a gratuitous bailment.
It was not for hire or profit.
You were not to benefit from her using your vehicle.
She was to benefit.
She did benefit, until you wrecked your car.
You didn't charge her.
She had a legal duty to protect your car, and return it to you the way she received it.
That didn't happen, did it?

She's on the hook.
Think about it.
She had to exercise an extraordinary amount of care while in possession of your vehicle.
She failed. She's liable to you for the repair or the value of your car, if destroyed.

If it had been a Hertz car, could she return a heap of crumpled metal and walk away. No. She can't do that to you, either.
 
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