Legal Question in Credit and Debt Law in California

Re: Small Claims - Collections

Under the circumstances you describe, he is very likely to win.

Re: Small Claims - Collections

You recently asked a question about your liability

for damages to a rental car.

This is a perfect example of Coskran's Law, which

states that no kind deed shall go unpunished.

Under Evidence Code � 1152, you can argue that

evidence of payments you made to help your

ex-boyfriend with the rental agency claim is

inadmissible to prove that you're liable for the

cost to repair the rental car. 1152(a) says that

evidence that a person has, in compromise, or from

humanitarian motives, furnished or offered money

to another who has sustained loss or damages, as

well as any conduct or statements made in

negotiation, is inadmissible to prove liability

for any part of the loss or damages.

Here, it sounds like you elected to help out your

x, not because you felt you were at fault, but

because you were in the relationship with him.

As to the basic issue of liability, I'd argue that

he was the sole cause of his loss because he

refused to purchase the additional insurance

available to cover such a loss. It strikes me

that he ought to be grateful for the help you

gave!

I'd want to know more about the contract in

question, though, before commenting on possible

liability for driving if you weren't named as

an additional driver on the rental agreement.

Where you listed? If not, did you know you

were not?

Despite that question, I think you should argue

that even if it was technically "wrong" for you to

have given into his request that you drive,

the legal causes of his loss, were his failure to

purchase appropriate insurance, and the failure of

the other driver to stop in time to avoid the

collision. If he does sue you, take a copy of

the police report to court, as evidence that

the other driver was at fault.

As to the issue of "e-mail notification," he

simply used that medium to make the demand, and

it has no real effect other than to allow him to

truthfully state in the small claims papers that

he made a demand for payment, and that you've not

complied with that demand.

Let me know if I can be of further assistance.

The foregoing information is provided as an

accommodation only, and does not constitute legal

advice or a legal opinion based on a comprehensive

review of all relevant documents and facts, nor

can provision of such information be construed as

creating an attorney-client relationship.