Can I sue my ex-girlfriend to recover damages to my wrecked car?

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Can I sue my ex-girlfriend to recover damages to my wrecked car?

Ok here is the story. My ex wrecked my car about a month and a half ago, and since then we have broke up. She took my car one night to go see friends without my permission, and she is not listed as a driver on the car. I only had liability, so it didnt cover the damages. The car booked at 15k, and the damages were 10k. She was completely ok, no harm done to her.When I arrived on the scene they asked if she was allowed to drive the car, just to make sure it wasnt stolen, and I said yes, even though i didnt give her permission th

Asked on June 10, 2009 under Accident Law, Missouri

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

File a lawsuit against her for negligence.  I suggest that you obtain a lawyer to help you as you are seeking 10K and it is above the small claims amount.  You want to allege that she had a duty of care to drive your car in a reasonable manner and that she breached that duty by crashing it and caused damages to the car.  I would however, send a letter to her letting her know the suit is coming so she can repay you to avoid the suit.  If she wont pay you, sue her inthe state she lives.  if you rather take her to small claims court to avoid hiring a lawyer, then i suggest doing that as the lawyer will take at least 3K to do your case and you will be left with 7K.  if the small claims limit is 5K, you should cut your losses and file there.


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