Can I file a claim for all losses caused by the accident?

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Can I file a claim for all losses caused by the accident?

I let a friend borrow my car to get to work. She claimed to have insurance but didn’t. Instead of using it for work she was drinking and driving and totaled my car. My insurance ended up covering most of it. She agreed to pay this rest is bi-weekly installments. She made the first 2 payments and stopped. What would you suggest me to do. What are my options?

Asked on December 3, 2016 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you have a written agreement, you can sue to enforce it: you'd sue for "breach of contract" for a court judgment in your favor for the full remaining unpaid balance under the agreement. This is an easy case: you just show the agreement in court, testify that she stopped paying, and then unless she can prove payment, you'll almost certainly win. If you don't have a written agreement, you can still sue, but instead of suing for breach of contract, you sue for negligent damage to your car. The case is a little more involved: you have to first prove she was driving negligently (carelessly) and caused the accident by doing so (a DUI police report would go a long way towards doing this, but you will have to subpoena the officer who arrested or breathalyzed her to testify and get the report in; you could also use other witness testimony, from people who saw the accident, or any written statements or admissions under oath that she made, admitting fault;or you could use an insurance investigaor report, but would have to supoena the investigator to appear). Then you'd have to prove the amount of your unpaid by insurance losses (you can't sue for anything already paid by insurance), and might.


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