A former friend wrecked my car

[Oxmix]

State of Virginia. My wife let the brother of a friend borrow our car, and of course, he wrecked it, causing $1500 in damages. This occured in May,2000. He promised to pay for it, so I just had it repaired, and put it on my credit card. STUPID ME FOR TRYING TO DO A GOOD DEED! He has yet to pay a penny, and now won't return my phone calls. I can't afford to pay for this,and the interest is mounting!!! I don't know where to start, and I can't afford a lawyer, especially if I lost this case. I do have a tape recorded phone conversation with this guy, where he admitted wrecking my car, and promised to pay me back. Would this tape be admissible in court? We found out later that this guy had his drivers license revoked before he even borrowed our car. CAN ANYONE HELP???

 

[I AM ALWAYS LIABLE]

State of Virginia. My wife let the brother of a friend borrow our car, and of course, he wrecked it, causing $1500 in damages. This occured in May,2000. He promised to pay for it, so I just had it repaired, and put it on my credit card. STUPID ME FOR TRYING TO DO A GOOD DEED! He has yet to pay a penny, and now won't return my phone calls. I can't afford to pay for this,and the interest is mounting!!! I don't know where to start, and I can't afford a lawyer, especially if I lost this case. I do have a tape recorded phone conversation with this guy, where he admitted wrecking my car, and promised to pay me back. Would this tape be admissible in court? We found out later that this guy had his drivers license revoked before he even borrowed our car. CAN ANYONE HELP???

My response:

You need to sue him for the damages, and the accrued interest on your credit card, in Small Claims court.

Be aware, however, that the judge could "tag you" for some of the responsibility for this mess and the damages. You see, you had a duty to yourself, and the State, to make sure he had a driver's license before you loaned him the car. But, you allowed someone to drive your car who did not have the "privilege" to drive in Virginia.

Phone Taping in Virginia:

Va. Code Ann. § 19.2-62 (Matthew Bender 1999): Despite the fact that it is generally a felony to intercept or disclose the contents of any wire, oral or electronic communication under state law, the recording or disclosing of communications by a party, or with the consent of a party, is specifically permitted.

So, the tape can be admitted and used against him in court.

Good luck to you.

IAAL