• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

My girlfriend's friend crashed her car and won't pay, what can we do?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Kali927

Junior Member
My girlfriend and I are California residents, looking for some legal advice before we go to small claims court this fall. Any help is greatly appreciated.

Here are the cliffnotes...

January 15 2009 we are leaving for Vegas for her 21st birthday. 8 people going with us split in 2 cars; mine and hers.

Since she wanted to ride with me in my car, she arranged for her friend/roommate, which I will refer to as "Sam", to drive her car.

Sam assures my girlfriend that she has insurance. We are getting into both cars parked 30 ft or so apart on the curb to leave. As we are leaving, Sam puts my gf's car in the wrong gear and rear-ends a parked vehicle on the street. Bummer.

We continue on to Vegas with the same driving arrangement after being assured by Sam she would pay for damages.

As it turns out, Sam has no insurance and is a total pain to deal with.

She had agreed to pay the $500 deductible my gf's insurance would charge to fix it from our end. So we repaired a ~$3000 dollar problem and she only owed $500. Still no money.

Over the course of 2 years she has promised payment many times, gone as far as writing a check (which she later said not to cash, we still have the check). Long story short lots of hassle and no money.

At one point a year ago my gf called her parents and left a voicemail in an attempt to get them involved. She then received threatening phone calls back from Sam's older sister and friends.

I have a couple questions...

1)What are our chances to win in small claims court?

2) The bill was $500 (deductible), what could we ask for in court?

3)What type of documents should we bring to court? Besides the obvious bill, uncashed check, etc....

Thanks for reading, any advice is appreciated.
 


ecmst12

Senior Member
You can ask for the actual money you are out, $500. Your chances of winning are good. She did not need to have insurance since YOU had it (as required, plus collision) and if she did, it wouldn't have done anything since the insurance on the car pays first. CA has a really good website for SCC with instructions including ways to enforce the judgement once you get it. You have 3 years from the date of the accident to file suit.
 
This case would be good for Judge Judy. The uncashed check would put JJ into a tailspin. I wonder how long it would take for JJ to start yelling?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top