Legal Question in Civil Litigation in California

personal matter

I have loan my car. when I aske him returend my car. sinse then I never heard from him. So, I asked his father to get hold of his son to call me. Now, week later, I find out that he wrecked my car. This was end of Dec, Il oanto him.

Like I said, we don't have any paper for agreement. Only we have between us the vorbal agreement.

It was if in case, anything happened to the car when he has my car in his hand he give me a men of word to fixed my car with responsility. This is 5months ago. He tells me that my car at bodyshop to fixed. When I and my mate went there to find out what is going on,and body shop trybg to get hold of him,too. Also,why my car was not improved, the say he owed them a more money to repaire abd he supposrdly bring the money to them so they could work for electlic for the car Now, I need to find out that,if I take to this case to smoll claim court, do I have a chace to recover for the car or do I have cahnce to win at court. I need help.


Asked on 5/13/04, 10:49 pm

2 Answers from Attorneys
Phillip Cooke Law offices of Phillip A. cooke

Re: personal matter

When a person borrows a car, they owe the owner a duty to use reasonable care. Since he wrecked the car he probably did not. If you carried collision and comprehensive auto insurance a claim should be made under that coverage.

If you did not carry that coverage, you may sue for up to $5,000.00 in small claims court. To begin, you should request in writing return of the car and request that he pay the repair bill.

If he does not then you can pay the bill to get the car back and can sue for the bill and for the loss of use.

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Answered on 5/14/04, 11:37 am
Terry A. Nelson Nelson & Lawless

Re: personal matter

If the car is properly repaired and returned to you, the remaining damage to you is loss of use of the car, and you could sue in small claims court for that rental value.

If the car is not returned to you properly repaired, you can sue for the cost of getting it done correctly, or the value of the car if not returned. If the amount is under $5000, go to small claims, if over that go to Superior Court.

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Answered on 5/14/04, 1:32 pm


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