If my girlfriend let her dad borrow her car and he got into an accident, can she sue him for damages?

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If my girlfriend let her dad borrow her car and he got into an accident, can she sue him for damages?

Asked on December 18, 2011 under Accident Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, she should be able to sue him for damages, assuming that he was at fault in some way--that is, that he negligently (or unreasonably carelessly) caused the accident, such as by driving too fast for conditions, going through a red light, texting while driving, driving under the influence, etc. If he was not at fault, though, he will not be liable and she will not be able to recover money. She should discuss the matter with an attorney; she also needs to factor in insurance coverage (his and hers) to see what, if anything, may be picked up by insurance.


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