Permissive Use of Vehicle

My now ex-girlfriend did not have a car or
insurance, so I would allow her to use my
car. She had backed into a pole and caused
1,200 in damages,as stated by an estimate.
I have proof where she said she would cover
the damages, but she has made no effort.
Could I take her to small claims court and
get her to pay?

Asked on March 8, 2017 under Accident Law, Alabama

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue your ex-girlfriend for negligence in small claims court.  Your damages (the amount of monetary compensation you are seeking to recover) would be the cost of repairs to your car.
Upon prevailing in the case, you can recover court costs which include the court filing fee and process server fee.
You can enforce the judgment with a wage garnishment.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can sue her: a driver who drives negligently or carelessly is liable for the damage he or she does to your car. In the law's eyes, it is almost always negligent to hit a stationary object: reasonably careful driver's avoid them. Therefore, you could sue her for her negligence in causing the damage.


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