Legal Question in Real Estate Law in Virginia
I rented a car, without insurance & only my name was on the agreement. My boyfriend took the car without my permission; however I was aware that he had the car. He gave it to his cousin's friend to drive it, who claimed he had a license but actually didn't. The boy ended up popping the cars tire, hitting two other people & made a dent in the car. Since my name was on the agreement I am responsible for the payment, however he told me that he would pay for the charges. I have no written agreement, but I have text messages in which he agreed to pay for it. The damages to the car cost over $2000, however, since they took my security deposit of $140 & charged me for other rental stuff I want to sue him for around $4000 or so for personal damages (not sure what that would be called); because of him I lost a lot of money which messed me up on my rent & other bills; which has cost me many problems. Overall I just want to know, do I have a case? & if so, what are my chances of winning...
1 Answer from Attorneys
Yes, you would appear to have a claim suitable for filing in small
claims court where the jurisdictional limit is $5K.
Text messages regarding this oral contract should be admissible
as evidence but your claim for compensatory damages must be
limited to those losses directly arising out of the accident/misuse of the vehicle.