Damaged Car. Can I Sue?

What is the name of your state (only U.S. law)? Virginia

My friend and I went to Munich Germany last month. My friend's boyfriend agreed to store my car in his garage, and I gave him the keys and agreed that he could drive it while his car was in the shop.

Long story short, my car suddenly has a huge dent on the fender, and my friend's boyfriend is playing dumb. He said he never drove it, but he obviously did (plus the seats have been moved, mirrors moved).

I do not have collision insurance, so I'm not covered. Of course, my friend's boyfriend is not taking my calls, and my friend seems to be dodging me as well. Can I sue my friend's boyfriend in small claims court?

Care and control

GravyTrain1967 said:

What is the name of your state (only U.S. law)? Virginia

My friend and I went to Munich Germany last month. My friend's boyfriend agreed to store my car in his garage, and I gave him the keys and agreed that he could drive it while his car was in the shop.

Long story short, my car suddenly has a huge dent on the fender, and my friend's boyfriend is playing dumb. He said he never drove it, but he obviously did (plus the seats have been moved, mirrors moved).

I do not have collision insurance, so I'm not covered. Of course, my friend's boyfriend is not taking my calls, and my friend seems to be dodging me as well. Can I sue my friend's boyfriend in small claims court?

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Yes, you can sue. Anyone can sue.

But let's get to the heart of the issue. The b/f had care and control over your car while you were out of town. He was required to exercise ordinary care while it was in his possession. It doesn't matter whether he drove the car or not. Whatever happened to it while he had it falls under his responsibility.

The only exceptions would be if he could somehow prove that the damage was already there before he took it for safekeeping, or that the damage was a result of an act of God (fire, earthquake, etc.) or something completely out of his direct control (like someone he didn't know from the street ran up and kicked it). Even if a friend of his caused the damage, he can be held liable because he accepted responsibility for keeping it safe from harm.