Legal Question in Civil Rights Law in North Carolina

Re: Friend wrecks car

Generally speaking, you can sue him and recover for all of your losses, under either a negligence or bailment theory. This gets a little complicated because the measure of damages is the fair market value of the car before and after the accident. Further, depending on several variables, your insurance company may be entitled to recover its payments from the driver; if so, you would have to share any recovery with the insurer. Often the loan amount is greater than this difference; i.e. there is nothing left over for you. Of course, you received the benefit of having your loan paid off. After you obtained a judgment, you would have to deal with "collection." He may or may not have insurance to cover the judgment. You probably need to consult a lawyer.