Negligence - A friend crashed my car!

[timmcneely]

A story from California:

A friend had asked to drive my car. After asking him if he was comfortable driving a 5-speed manual (he said he was) I gave him permission. We got in the car and I went over operating procedures. I pointed out where the lights were (it was at night), told him how to find reverse, and then asked him if he had found reverse. He was assuring me the whole time he knew what he was doing. However, he failed to put the car in reverse. He put in first gear and accelerated into a wall.

I went out of my way to make sure that I was giving the keys to someone who knew how to operate the vehicle. In spite of me pointing out how to find reverse, the driver failed. Other people have driven my car and have never had a problem operating it.

I am wondering if I am negligent for letting someone else drive my car? Is the driver negligent for failing to operate the vehicle correctly? Do we both share in being negligent?

I have tried to work with the person who crashed. I have offered to split the cost for repair 50/50. I have offered to take payment. He has offer to pay around 20% of the total damage. I am looking into taking this person to small claims. However, I want to make sure that I have a good case to present. Knowing who was responsible and if there was negligence on either party (me or the driver) will be of great help. If I was negligence for letting someone else drive, I am willing to accept that and learn a lesson. If the driver was negligence, I would like them to pay for the damages.

Thanks

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

You were NEGLIGENT for entrusting a vehicle to him - a person you should have known did not know how to operate said vehicle. The mere fact you had to show him and the mere fact you didn't watch put in reverse in a safe area is negligence on your part.

He is negligent for not knowing how to drive this vehicle and making you believe he did.

Every small claims court has a jurisdctional amount (max) you can sue for. Make sure your damages are less than that of the jurisdiction's amount.

California $5000

Go to this link for more info:
https://law.freeadvice.com/resources/smallclaimscourts.htm

 

[timmcneely]

I am more than willing to accept my responibility for letting someone drive. It was bad error and judgement on my part. It was pointed out that the driver was negligent for not knowing how to drive.

Becasue we both played a "part" in the accident, was one of the reasons I agreed to split the cost 50/50. How would a judge decide the matter? Becasue we were both negligent would he split things 50/50? Is one of us more negligent than the other?

Perhaps there is a better way to present the case? What is the best way to present what happened and try and recover my damages? Do I even have a claim to damages?

I have gone through my insurance company (In California the insurance follows the car, not the driver) and have my car back now. My Insurance has paid for it but I am out my deductible. I would like to get all or some of it back.

[Edited by timmcneely on 01-18-2001 at 11:14 AM]