Legal Question in Personal Injury in Missouri

My former roomate (who is 24 years old) asked me if she could borrow my car to go the gas station that is right around the corner of our house to get some feminine products. This was around 10:00pm and I was already in bed because I have to get up early every day to go to my job as a social worker. I was basically half asleep when she asked, but never the less I lent her my car and told her to go straight to the gas station and right back to the house and to return my keys to me as soon as she got home. She agreed and then i guess left right away (My room is upstairs so i am not exactly sure when she left). I then drifted asleep and the next thing you know, I woke up a little over two hours later around 12:30am. I had a bad feeling so I ran downstairs to find that the front door was wide open, my roomates two sons sleeping in their room, alcohol bottles all over the floor (which I had no clue there was any drinking going on what so ever or else I would have NEVER lent her my car), the music up loud, and my car still gone! So I ran upstairs to get my phone and attempted to call her several times, but was unable to reach her. I then heard a slight noise downstairs, so I ran back downstairs to discover a tow truck dropping off my WRECKED vehicle. I went to look inside the car and discovered that the air bags had deployed and the car reeked of alcohol and the seats and floor was soaked with alcohol. My roomate then came walking down the street, clearly drunk, irrational, and making no sense at all when she would speak. I asked her if the cops breathalized her and she said, "yes, but i blew under the legal limit for a dwi". I asked her where the accident was and she could not remember, but told me it was near a gas station, but not the gas station in which she told me she was going, Also, at several points of trying to speak with her, in which SHE WAS YELLING AT ME (for who knows what reason other than she was drunk), she said she ran into a pole when she was driving because an 87 year old woman ran the light and the only way she could avoid being hit head on, was to swerve into a pole. She also screamed that the cops saw everything because they were across the street at the time of the accident. Next thing I know, here underage boyfriend and his underage "sister" (they are apparently not biologically related but call each other brother and sister) walking down my street, because unbeknownced to my knowledge at the time in which I lent my roomate my car, her boyfriend and his "sister" went in the car with my roomate, without my permission. My car ended up being completely totalled and my insurance company informed me that my car was worth $5,868 (the amount in which they found my car to be worth), but that they had to take my $500 deductible out from that amount and write me a check for $5,368. In addition, my insurance has now gone up an additional $62 for the next six months. To say the least, I moved out of the house that I was living in with that roomate and have not spoken to her or anyone else involved in the accident since then,, but recently I obtained the official police/accident report. The police report was COMPLETELY DIFFERENT from the story that my roomate told me. According to the police report, my roomate's boyfriends "sister" was driving and wrecked the car and there was no other party involved. The report states that the driver turned to speak to the passenger and then ran into a pole, put the car in reverse, and continued driving until stopped by a police officer. The roomates, boyfriend's sister (Sierra) did NOT have my permission to drive my car. She apparently got three tickets: failure to show proof of insurance, improper lane usuage, and leaving the scene of an accident, but Considering this whole situation, what are my legal options at this point? And what legal action can I exactly take?


Asked on 10/25/11, 12:06 pm

1 Answer from Attorneys

Anthony Smith LawSmith

I am sorry that this jhappened to you. It sounds like you may need to sue yrou roomate and the girl that was driving for the $500 deductible, the mount of extra insurnace premiums you have to pay and possibly your other unrefunded expenses of finding temporary alternate transportation. You may be able to do this as small claims case. But, there can be advantages to filing it as an Associate Circuit Court case.

Good luck

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Answered on 10/27/11, 12:15 pm


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