Who should I sue?

I rented out a trike (motor scooter) to a friend and she crashed into a gas station store door window. I’ve been charged with the damages of the scooter an the damage of a glass door of the gas station she hit while driving the scooter alone. Can I sue my her if she refuses to pay me for the damages? Also, am I liable and should be getting charged for the door she hit if I wasn’t even with her? Lastly, the deposit slip that I have was changed from a scooter to a trike over the copied deposit slip (non pen copy) with pen and I never resigned, is this a loophole I can use to sue the company?

Asked on July 29, 2012 under Accident Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you had rented out a vehicle and loaned it to someone and that person damaged the vehicle and other property, you are potentially liable for all that damage (to scooter and window)--the person with lawful possession of a vehicle is liable for damage done by anyone he/she loaned it to.

You could sue your friend to recover the amount you have to pay or any other losses or costs you experience.

The slight correction on the paperwork you describe has no legal effect and will not let you sue.


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