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truck took and wrecked by drunk driver

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mslindsey82

Junior Member
What is the name of your state (only U.S. law)? I live in Ga. My truck was borrowed by my ex while in his pocession he put a drunk friend in my back seat to sober up he left that person in my truck and left keys in the ignition for the radio to be on while he walked away from the truck the drunk friend got into the front seat and took off flipping my truck and totaling it. The police arrested him and he ran from the hospital from the dui charge i was told because i didnt have full coverage i had to sue. I wasnt allowed to make a thieft by taking police report because the keys were int he truck so is it better to just sue the drunk driver only or try and include the friend that borrowed the truck. also can i include work i just had done on my truck into the value of the vehicle???
 


Zigner

Zigner

Senior Member, Non-Attorney
mslindsey82 said:
What is the name of your state (only U.S. law)? I live in Ga. My truck was borrowed by my ex while in his pocession he put a drunk friend in my back seat to sober up he left that person in my truck and left keys in the ignition for the radio to be on while he walked away from the truck the drunk friend got into the front seat and took off flipping my truck and totaling it. The police arrested him and he ran from the hospital from the dui charge i was told because i didnt have full coverage i had to sue. I wasnt allowed to make a thieft by taking police report because the keys were int he truck so is it better to just sue the drunk driver only or try and include the friend that borrowed the truck. also can i include work i just had done on my truck into the value of the vehicle???
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Sue them both for the actual value of the truck.
If your truck is worth $1,000 and you put in a new tranny for $3,000, then you still only get $1,000.
 
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ecmst12

Senior Member
The new tranny could have raised the value to $1500 instead of $1000. It would NOT raise it by the entire cost of the replacement. Maintenence work does not increase the value.

I don't entirely buy your friend's story. More likely he gave the keys to his drunk friend. Sue them both. There was no theft.
 
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NikkiLee

Junior Member
:) I'm not quite decided on suing the friend or not. But you've gotta sue the drunk! Your friend did a stupid thing, by walking away and leaving a drunk person alone in the vehicle was irresponsible because as many of us know, when you are drunk you have no reason or though of consequence, not to mention the risk the drunk friend was to the health and safety of others. Sue them both!
 
justalayman

justalayman

Senior Member
NikkiLee said:
:) I'm not quite decided on suing the friend or not. But you've gotta sue the drunk! Your friend did a stupid thing, by walking away and leaving a drunk person alone in the vehicle was irresponsible because as many of us know, when you are drunk you have no reason or though of consequence, not to mention the risk the drunk friend was to the health and safety of others. Sue them both!
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the friend actually has a greater liability to the OP than the drunk guy does. The drunk guy has a liability to the friend that borrowed the car but in reality, the courts will transfer that and allow the claim to be made by the OP against the drunk guy.


so, he MUST sue the friend. His friend had control of the vehicle and it was actually his actions (at least as OP tells the story) that allowed the situation at all.
 
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mslindsey82

Junior Member
proving it

How do I prove the friend of mine had my truck the police did not allow me to make a report or a statement the day it happened? as in people being just reliable to tell the truth i doubt it will happen
 
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