Legal Question in Civil Litigation in Florida

using someone else's car

My son used his girlfriends car for 2 1/2 weeks while she was away. And now the clutch is starting to go out in the car. She has told me and my wife repeated stories of her brother ragging the car out before she took over the payments. Is my son responsible for fixing the clutch


Asked on 6/20/07, 3:28 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: using someone else's car

depends on how much he drove it, whether he knows how to drive a manual transmission, whether he burned out the clutch. If he broke it, he is responsible for at least some of the replacement cost. If it was 95% gone when he got it and it "went" on his watch because he was driving incorrectly, then he is in for 5%.

sounds like she won't be his girlfriend for long if it is coming to this!

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Answered on 6/20/07, 3:59 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: using someone else's car

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Legally, he is not responsible unless he was the cause of the problem. Morally, he may feel some responsibility. If he values the relationship, he should offer to help his girlfriend fix the car as a thank you for allowing him to use it for that period. A rental would have cost some money had she not allowed him.

Scott R. Jay, Esq.

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Answered on 6/20/07, 10:43 pm


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