Can I sue for damage to my vehicle and loss of insurance and premiums if someone borrowed my car without permission and had an accident?
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Can I sue for damage to my vehicle and loss of insurance and premiums if someone borrowed my car without permission and had an accident?
I lent my car to my daughter’s mom for a weekend since her’s brokedown and for some reason i was feeling kind. She was supposed to have my daughter that weekend so i figured she cold take her somewhere instead of sitting in the house. Long story short, she called me the next night and said someone hit my car. I found out the next week that she lent her boyfriend my car and he backed into someone causing damage to 2 vehicles. My insurance recently dropped me after that and paid out the other person’s vehicle but not mine. Do I have a case to sue him for extensive damage to my vehicle, etc?
Asked on May 2, 2012 under Accident Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, you can sue him for the damage he caused to your car (and any other out-of-pocket costs you have incurred), since he did not have authority or permission to drive it--and even if he had such permission, if he was driving negligently (carelessly), as he likely was, he would be liable. You could also very likely sue your daughter's mother, since she loaned your car to her boyfriend without permission--i.e. she, too, acted wrongfully.
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