Legal Question in Civil Litigation in California
I am the lessee to a Lamborghini Gallardo. A friend knew that I owned the car, they contacted me and asked if he could rent the car from me for the two days. He was traveling over 200 miles. We agreed on an amount based on wear and tear on the vehicle.
I didnt sign any contracts with him, it was all in good faith from friend to friend. I explained to him and he could use the car so long as he took responsibility if anything happened. He agreed. I gave him to specific instruction, do not drive the vehicle in E-Gear(which is manual transmission) and not to abuse the car. I explained, every time the car is turned on, you must press the "automatic" button. Driving E-Gear (Manual) in this car is tricky and you must be familiar with the car to drive it in this manner or you can cause clutch or transmission problems. He agreed.
He took the car, drove to his destination and returned the next day. The vehicle was pulled up at my complex which is valet. He handed the keys to Valet and I pulled up my car because he needed a ride back to his house. The car remained parked overnight. One the drive to his house, he thanked me and said the car drove really nice and had a great time driving it. He mentioned that he hit lot of stop and go traffic and that at one point he managed to hit 120mph. He also mentioned that he stopped about 10min from my house to fill the tank up and drove the car in E-Gear(Manual Mode) because he felt comfortable doing so. In the back of my mind I was concerned but the car made it back safely and didn�t give it any thought. I trusted the guy.
The next day, the car was turned on and it was being driven out of Valet and it was immediately noticed that something was not the same. The cars rpm's were above normal. Basically the car was reving high but the car was not moving very fast. The car was parked and I called the local Lamborghini Dealership.
The service advisor advised that it sounded like the cars E-Gear Clutch was going out. He suggested having the car towed because if the clutch went out all together the car would not be drivable at all. I followed his instructions and have the car picked up. After a few hours, he confirmed that the clutch needed replacement.
I called my friend and told him what I had discovered. Trying to avoid being a jerk I basically said I have to replace the clutch, something must have happened when you were driving the vehicle. He said nothing happened and the car was fine. I explained the above and I reminded him that he had told me he drove the car E-Gear which I specifically told him not to for this sole purpose. He shrugged me off and said he wasn�t responsible and wouldn�t help me with the repair. At one point, I was even willing to split the cost as gesture of good friendship.
2 months have gone by and he still will not agree to cover or help with the repairs. The cost of the clutch on this car is $4500 which I paid.
Can I attempt to file small claims and attempt to prove that he is responsible or partially responsible for this? I don�t want to waste my time
2 Answers from Attorneys
You have nothing to lose by going to small claims court -- but embarrassment. It's your word against his as to who stripped the clutch.
This kind of small dollar he-said, she-said dispute is exactly what small claims is for.
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