Is my ex-friend responsible for the cost of damages done to a truck that I loaned him?

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Is my ex-friend responsible for the cost of damages done to a truck that I loaned him?

I loaned my truck to a friend who brought the truck back with a rearview mirror and reflector light missing. No other parties or vehicles were involved. He told me he would fix it, then came back a month later and said he couldn’t find the right part and that he’d gladly pay me back if I handled the repairs myself. Now 6 months later and he has yet to pay me the $375 it cost me to replace the parts. Is he legally responsible to pay me back?

Asked on May 7, 2012 under Accident Law, Texas

Answers:

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

Answered 9 years ago | Contributor

Your friend is liable for the damage to your truck.  You can sue your friend for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable person would have exercised under the same or similar circumstances to prevent foreseeable harm).  You can file your lawsuit in Small Claims Court.  Your damages (the amount of compensation you are seeking in your lawsuit for negligence) would be the cost of repairs to your truck plus court costs.  Court costs would include the court filing fee and process server fee.  You can find process servers listed under attorney services in the Yellow Pages or online.


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