Boyfriend broke my car, who pays?

[lilone883]

What is the name of your state? Wisconsin

About a year ago my bf borrowed my 2000 Toyota Camry (73k miles on it). It was a Saturday and I drove the car twice that morning and it ran fine for me. As soon as I got back my bf borrowed my car to take my son and nephew out geo-cashing. About 20 minutes later my phone rang and it was my bf saying that he was broke down on the side of the freeway. I thought he was joking until he got very serious. So I called a tow truck to go get my car and drove my bf's car to go and pick them all up. I had towing insurance so I didn't have to pay for that but the engine needs to be replaced for about 5k. The mechanic I took it to told me that if you take a car on the freeway cold and "gun it" this will happen. I didn't tell him how my bf drives until after he told me that.

My bf and I have had several arguments over his driving habits because I let my car warm up and don't push it at all, and he says I baby it and that you need to gun it to clean the junk out of the engine. I know now that I should have never let him drive my car especially without me in it. Both my son and nephew said he was "hotrodding it" right before it broke down.

My question is who pays to repair it? I am a single mom unemployed and can't afford it and now have no car. I would think that if you borrow something that you have to return it in the same condition, so he should legally be responsible for repairing it.

Please help.

[justalayman]

ya got to tell me what "geo-cashing" is. Never heard it before.

as to the damage; if he were driving it normally (and btw; "gunning it" as you are driving down the road, even when cold, would not damage an engine to any great extent, if at all) it would simply be a situation of the car died. If his actions were extreme enough to cause the damage, then he is liable for the damage. It may come down to exactly how he was driving and a courts interpretation of that driving.

[las365]

If you had already been driving the car that morning, wasn't it warmed up?

Liability in this matter is questionable at best. You acknowledge that you were aware of BF's driving habits, yet you allowed him to drive. That alone would give you some percentage of responsibility. If, for example, he had caused an accident while "hot-rodding" and someone had been injured, you would likely bear some liability for your negligence in letting him drive the car despite your knowledge of his dangerous driving.

The prior maintenance of the car will also come into question. I'm no mechanic, but I don't get how driving a car with a properly maintained engine and "gunning it" before the engine was warmed up could cause total engine failure to the point of requiring replacement.

I know now that I should have never let him drive my car

I think this sums up the situation.

[debtcollector`]

Years ago in college, I borrowed my girlfriend's Thunderbird and drove across Missouri to Cape Girardeau. Coming home, the car broke down. While it wasn't my fault, I still paid to have the car towed and fuel pump replaced. That is the decent thing to do.

That said. I don't think you can prove that you need to replace a motor after 20 minutes of someone else's driving regardless of their driving style.

However, they more important question is: Are you really going to destroy a relationship over an old Toyota? If so, is he the winner or loser?

DC

[lilone883]

Geo-cashing is basically like adult "hide and seek". People hit things outside all over the USA and leave coordinates on the PC where to find it. The other people use their GPS units to find them and record there finds.

I did take my car to 2 different stores that morning, each store was less than 10 minutes away and I was at each store at least an hour. So it wasn't really warmed up in my opinion. He was not supposed to take my car that day and we had had discussions months earlier about him not using my car anymore because of his driving habits. I was "told" at the last minute that he was taking my car because his back seat was full and the boys would have no room to sit.

As far as the relationship goes, we didn't break up. He just stopped returning my calls and e-mails for no reason. In the 8 yrs we were together he would "disappear" every few months for no reason at all. During the past 1 1/2 years since this happened to my car he never once offered to pay for any of it, or even help me to get it fixed. Yes it has caused a lot of tension since this happened, i think inside he knows that he is at least somewhat responsible but he would never admit it. To make it even worse he has an extra car when i asked to use it until mine was fixed i was told "no, that car is going to be for my daughter". His daughter was 12 years old at the time. I have no interest in a relationship with him anymore, he apparently isn't the "relationship type". I just want my car back to running condition.

The car was maintained very well, the dealer that looked at it even stated that. I took great care of my things.

[justalayman]

well, there are time limits to how long you have to do anything.

If you truly believe he should be liable, I would file in small claims court for whatever the limit is up to the $5k. Anything else will most likely take an attorney, which would provide you with a very reduced net gain.

The most you have to lose is the filing fee and him. The most you have to gain is the limit of small calims court, and losing him.

good luck.

[Ladynred]

The mechanic I took it to told me that if you take a car on the freeway cold and "gun it" this will happen.

Yeah.. that's hogwash. It might have been true 40 years ago, but not with cars produced now. And unless the car had sat long enough for the engine to go completely cold - which would take HOURS - then the engine wasn't 'cold' at all.

The term is geo CACHING - meaning you hide (cache) things around the countryside, and you use GPS to leave people clues as to where to find them. The finder can take an item, but they're expected to leave something else as well.