WouldI be able to bringmy roommate to small claims court and sue her, if she let someone who was drunk drive my car and they had an had an accident?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
WouldI be able to bringmy roommate to small claims court and sue her, if she let someone who was drunk drive my car and they had an had an accident?
My roommate borrowed my car with my permission but then let her friend who was drunk drive without my knowledge that anyone else was in the vehicle. My roommate’s friend ended up totalling my car. Would I be able to bring her small claims court and sue her for my $500 deductible along with the $68 that was added to my insurance bill for the next 3 months?
Asked on October 24, 2011 under Accident Law, Missouri
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can sue your roommate for negligent entrustment for letting the drunk drive your car. You can also sue the drunk for negligence. You would file one lawsuit naming both defendants. Your damages ( the amount of compensation you are seeking in your lawsuit) would be for the damage to your car. You can include the deductible and the additional insurance charge in your damages. If you are seeking compensation for the loss of your car, you wouldn't want to file in Small Claims Court because the maximum you can recover (which varies from state to state) is probably not sufficient to compensate you for the loss of your car. You would want to file your lawsuit in a higher court such as Municipal or Superior. Your state may have different names for the higher courts where their jurisdiction will allow you to recover more than in Small Claims.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.