What should I do regarding friend who won't help with damages?

[NicoleN]

What is the name of your state? Mississippi

A friend wrecked my vehicle last Friday night. We were at another friend's house and he wanted to leave. I told him to take my vehicle and I would catch a ride with someone else. He flipped my vehicle and it is totaled. He wasn't injured. I am filing a claim with my insurance company. My friend told me the night of the accident that he would pay for damages if he needed to. I called him today and asked him to cover my deductible I also asked that if my insurance check didn't pay enough to buy a similar vehicle to what I had, that I would like for him to pay a little extra so that I wouldn't have to downgrade. He refused and told me that the accident was my fault because I told him to take my vehicle. Can I sue? What is the likelihood that I would win a case like this? Is it even worth it?

 

[racer72]

Can I sue?

Yep.

What is the likelihood that I would win a case like this?

Covering the deductable, excellent, to cover buying a similar vehicle, not a chance.

Is it even worth it?

Does he have the money to pay a judgment? A job to garnish wages? Property that can be seized? It's up to you.

 

[NicoleN]

Thanks for the quick reply. He does have a job and property. I just didn't think it was fair that I would have to drive a not-so-great vehicle because he wrecked my nice vehicle. I just simply asked him to pay a little extra in case my insurance check wouldn't cover one. I would be more than happy to do that if I were in his shoes. I had an 02 Grand Cherokee and I would like to have another 02 Grand Cherokee. That is all.

 

[Happy Trails]

Thanks for the quick reply. He does have a job and property. I just didn't think it was fair that I would have to drive a not-so-great vehicle because he wrecked my nice vehicle. I just simply asked him to pay a little extra in case my insurance check wouldn't cover one. I would be more than happy to do that if I were in his shoes. I had an 02 Grand Cherokee and I would like to have another 02 Grand Cherokee. That is all.

Then sue him in small claims for the deductible. He is only responsible for the FMV of your vehicle.

Your insurance company will tell you what FMV is for your make and model.

While it would be nice if he paid you extra to help replace your vehicle, it isn't a legal requirement.