new car crashed by friend...

[ineedanewcar]

What is the name of your state? california

my girlfriend just brought her new G35 coupe. anyways four days later, she parked her car on the street and told her friend to get the out of the street and park in the school parking lot. later he crashed the car 4 blocks away from the parking lot and further from where the car was parked. he did not crash into anyone and crashed into the bushes, but the axle of the front wheels fell off. even if we fix it, it still wont be the same car. what we are trying to get a new car and tell him to just buy the car he crashed and do whatever he wants to do with it, fix it and drive it or sell it. i was wondering if my girlfriend can sue him, if he doesn't want to do that. he told the cops, he tapped it lightly and the car went out of control, later he told one of his friends he was trying to drift(sliding on the road). what do i need to win this case? please help!!!!

 

[I AM ALWAYS LIABLE]

What is the name of your state? california

my girlfriend just brought her new G35 coupe. anyways four days later, she parked her car on the street and told her friend to get the out of the street and park in the school parking lot. later he crashed the car 4 blocks away from the parking lot and further from where the car was parked. he did not crash into anyone and crashed into the bushes, but the axle of the front wheels fell off. even if we fix it, it still wont be the same car. what we are trying to get a new car and tell him to just buy the car he crashed and do whatever he wants to do with it, fix it and drive it or sell it. i was wondering if my girlfriend can sue him, if he doesn't want to do that. he told the cops, he tapped it lightly and the car went out of control, later he told one of his friends he was trying to drift(sliding on the road). what do i need to win this case? please help!!!!

My response:

Why do YOU need to win this case? This isn't YOUR claim. It's your girlfriend's claim. You can't do anything.

Where's your girlfriend's insurance?

IAAL

 

[ineedanewcar]

then what does she have to win the case? i'm not trying to sound bad or anything, but your dumber than your screenname. its her car, but we drive it, so its like our case. please help! not give me stupid remarks.

 

[I AM ALWAYS LIABLE]

then what does she have to win the case? i'm not trying to sound bad or anything, but your dumber than your screenname. its her car, but we drive it, so its like our case. please help! not give me stupid remarks.

My response:

Are you just naturally stupid, or did someone teach you to be stupid?

Go away. We're done, and you're on your own.

IAAL

 

[ineedanewcar]

if your a senior member, act like one... dumbass, I AM ALWAYS LIABLE my ass. go suck a lemon, you wannabe lawyer

 

[JETX]

Okay, here is what you need to do.... first off, your damages (the value of the car) is far higher than that allowed by your states small claims court..... so you are going to have to file your claim in a higher court. She can't do that on her own (pro per), so she will need to have an attorney. And since there aren't any personal injuries, the attorney will not accept this type of case on a contingency. That means she will have to pay him to bring the lawsuit. I figure a case like this should take about $20,000 or so (a little high, just to be safe) and depending on your local courts docket load, might take about 2 years or so to get to trial. And then, even though there is NO chance for her to win (since she has NO case), if she were to win a judgment, she'll have to figure out how to collect from this other person..... who very likely either doesn't work at all... or works at McDonalds. If she garnishes his wages, she might just get all her money in time for her retirement.

Oh, and be sure and come on back here and let us know how long it took for her to get her money. Will be waiting.

 

[stephenk]

so what is your girlfriend's insurance company doing about repairing the car? Did your friend have his own auto insurance?

 

[JETX]

"Did your friend have his own auto insurance?"
*** That has nothing to do with this issue.
The owners insurance should cover the car. Owner pays deductible. Owner sues friend for deductible.

 

[spawn_x]

i think what stephen meant is that if the friend has full coverage (collision) then the car may be covered under HIS collision policy and not hers..