my boyfriend wrecked my car, should i get an estimate of the damages and make him sign a notarized contract for repayment of those said damages. or what is good steps to take and do i have a case

Boy friend charged with DUI, driving without licencse, open cantainer,
and leaving the scene of an accident. Im worried hes going to neglect
his finacial responsibility.

Asked on June 10, 2016 under Accident Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you can get him to sign an agreement to pay (be sure to include dates of payment) and he violates that agreement (i.e. does not pay when he is supposed to), you could sue him for breach of contract to enforce the agreement.  This would be a simple case to win: you show the court the document and then show that he missed a payment. 
If he won't sign such an agreement, you could sue him for causing the damage to your car by driving negligently, or unreasonably carelessly (e.g. DUI, etc.). To win this case, you'd need to show, based on testimony, a police report (which would require subpoenaing the officer to appear and testify to his report), and any other evidence of fault that your boyfriend was driving carelessly and, in the course of doing so, damaged your car.
In either event, you seem to have grounds to recover money from him for the accident.

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