What are my rights if a friend borrowed my car but came back with $3,200 worth of damage to it?

UPDATED: Jan 17, 2015

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What are my rights if a friend borrowed my car but came back with $3,200 worth of damage to it?

She claimed it got hit in a parking lot when she was in a store but she would pay all of the damages. I took her word for it. My parents paid for the car to get fixed out of pocket because she said she would pay us back. I am now starting to worry that I may not get that money back. Some people have mentioned to me maybe writing up a contract for her to sign saying I’ll get the money back? I just need to know what my next step should be legally to ensure my family is not out the money that she owes us.

Asked on January 17, 2015 under Accident Law, Nevada


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

Answered 8 years ago | Contributor

Since the car has been repaired, your friend and your parents should sign a written agreement for your friend to pay your parents $3200 for the cost of repairs to the car.

If the car had been hit in the parking lot by an unidentified person as your friend claims, if you had uninsured motorist coverage on your auto insurance policy, you could have filed an uninsured motorist claim with your insurance company, and your insurance company would have paid for the repairs.  Since the car has been repaired, that is no longer feasible.

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