Legal Question in Traffic Law in New York

Civil Liability of Driver of Borrowed car

Is ex-friend JANE correct that ''since she had permission to use the car then that absolves her (JANE) from financial responsibility'' as might be implied by VTL 388 (''Civil Liability''?

About half a year ago, I was attending a party on my college campus in upstate NY with some friends. One of these friends, 'JANE'', who I gave permission to use my wife's car (after JANE told me she had her licensed) crashed my wife's new 2005 Ford explorer into a metal pole on campus. She fled the scene of the accident and was issued summonses for fleeing the scene as well as driving without a permit.

Damage to the pole totaled $400 and the damage to the vehicles $2500.

JANE only paid $600 so far and my wifes car (of which I am primary driver) has been sitting in repair shop since the incident. JANE told me that she would pay for the car but o far has only given $600. I also had to pay for towing of the vehicle ($150)after AAA covered 1st 100 miles.

I have asked JANE a million times to pay, at one point I even said if JANE paid $1000 more I would pay the other $900. So far nothing.

I would like forceful demand letter demanding the full balance she owes or att'y representation fors mall claims court lawsuit for the maximum $5K balance.


Asked on 9/19/07, 12:43 am

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Civil Liability of Driver of Borrowed car

Ok if you do not have 5k in damages, you cannot sue for that amount. You can sue Jane, but if you continue to hound her she may have you arrested. Hence send her a demand letter, then start the law suit.

BTW you may not be able to use a lawyer in small claims court. Better see what the rules of your court are.

Good Luck.

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Answered on 9/19/07, 10:09 pm


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