Legal Question in Personal Injury in California

Given permission to drive car, minor scratches, 9 months later being asked for r

Nine months ago, I was in a living situation where we triple stacked our cars. While driving/moving a roommate's car (with permission) to reach mine, I scratched her bumper on a post. I informed her, and she said, ''it's okay''. I never offered to pay for damages. Now, nine months later, she informs me that she had had it repaired (I was never told of any of this occuring) and is asking for reimbursement of $325. As a student, that is a lot of money. I am fairly certain that she did not go through her car insurance for the repair (I understand that the insurance follows the car, not the person). Am I legally and financially responsible at all for this? Could I be taken to court? I may offer her part of it, but I would like to know if I am legally bound to do so. Thank you.


Asked on 9/07/05, 3:18 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Given permission to drive car, minor scratches, 9 months later being asked f

Unfortunately, the phrase "it's okay" is ambiguous and did not absolve you of your liability to pay for damages to your roommate's car that you caused. Whether the value of the repair was as your roommate stated is one question. Ask to see the repair bill and see if it matches with your recollection of the damage to her car. Perhaps you can reach a compromise on the amount.

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Answered on 9/12/05, 2:42 pm
David Lupoff Law Offices of David B. Lupoff

Re: Given permission to drive car, minor scratches, 9 months later being asked f

I can give you a quick "duty of care" analysis, but I prefer to cut through the chase...look at your roommate's repair bill and if you feel that it is in line with the damage that you caused, simply pay it in full. Sure you can try to negotiate, but it's morally cleaner to pay the full cost back to your roommate. I hope this helped.

David B. Lupoff, Esq.

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Answered on 9/12/05, 2:55 pm


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