Legal Question in Civil Litigation in Georgia
I must first say you are such an inspiration to our community. Ok here we go. I rented a car for my friend. She needed a car to go to a family reunion so she asked me if I would rent her a car. So I did. When she came back she asked if she could keep the car a few more days to handle some business to keep from bothering people. She did give me money toward the extension and I paid for her to keep it. Then my mom had a stroke and I had to rush home. I amthe eldest of two children and also the most responsible one. So of course I left from work frantic headed home which is about 5 1/2 hrs away. I forgot abt the the car until the car company call to let me know that I needed to either bring the car in or put monies in the account to cover the cost of of the rental still being out. So I called her and told her what they said and that she needed to take the car back. She agreed. So two full weeks later the final charge came through the account and cause the account to overdraft and for me to loose and account I have had for 11 years. Question in a nut shell can I sue her for the remaining balance of the rental and other fees that occurred because of this. Thank you for your time.
2 Answers from Attorneys
First the catch: you probably violated the rental agreement in renting a car for someone else, unless they are on the rental agreement. A court may choose not to assist you because of your "unclean hands."
You can sue her in Magistrates (Small Claims) Court. If you prevail, you then have to figure out what assets she has to collect against.
We know you agreed to pay the charges to the rental company and you accepted the risk of this very situation. You say nothing at all about any agreement for your friend to pay you anything for the rental.
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