Am I in danger of a lawsuit?

UPDATED: Sep 30, 2022

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Am I in danger of a lawsuit?

My neighbor came to my house and let me drive a recreational vehicle that didn’t belong to him. While driving I rolled the vehicle and caused damage to the vehicle. The vehicle is valued about $13,000. I offered to take the vehicle over but with poor credit I am unable to be approved for a loan. The owner said that she would be willing to sue me if I could not get approved for a loan or find another method of paying the vehicle off in full. I would like to resolve this without getting the court involved but I need to look out for my own interests.

Asked on April 27, 2017 under Accident Law, New Mexico


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

Answered 5 years ago | Contributor

You are liable for negligence for the damage to the vehicle. Your liability is for the property damage (cost of repairs). 
Your liability does NOT include taking over payments, purchasing the vehicle, paying off the vehicle, etc.
If you are sued and a court judgment is obtained against you in an amount you cannot afford to pay, at that time it would be advisable to file bankruptcy.  Chapter 7 bankruptcy is straight liquidation which will eliminate that debt.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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