Do I have a legitimate case against a person who drove my car without my permision and then had n accident?

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Do I have a legitimate case against a person who drove my car without my permision and then had n accident?

I let my brother borrow my car. He does not have a driver’s license. He was supposed to go to the movies and then come back home and drop off the car. Without my permision he and a couple of friends ended up taking my car out of town about 60 miles. On their way back home, one of his friends was driving and hit a patch of water on the road. He lost control of the car and hit a guard rail. The car has liability only coverage. I want the friend that was driving the car to pay for all repair expense. Do I have a legitimate case against this person?

Asked on May 15, 2012 under Accident Law, Colorado

Answers:

Robert Slim / Robert C. Slim - Attorney at Law

Answered 9 years ago | Contributor

Yes you do.  The person who was negligent is responsible for the damages that he caused.  Whether the person stole the car, used the car with your permission, or used the car with someone else's permission, the driver is under a duty to use reasonable care in the opreation of the vehicle.  Any breach of that duty will render the driver responsible for the damages.


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