Friend crashed my car

[artfullink]

I live in New York. In January of 1998 of former friend borrowed by car and had an accident. The police report stated "human error" on her part as the cause. The damage to my "new" car was almost $12,000 and there was $1500 in damage to other parked cars. Although our insurance covered most, we still incurred numerous costs:

Insurance Deductible: $500.00
Amount of Rental car not covered by insurance: $700.00
Insurance Accident surcharge of $150 per premium period for 3 years totaling $900.00

Has my statute of limitations run out? Am I entitled to sue for these out-of-pocket expenses? In addition, I also loaned this person $360.00 in July of 97. Can I sue for that too?

Also at the time of the accident we both lived in the same town. We've since both moved to different towns. We do I file?

 

[JETX]

Your damages total about $2500.00. I would file a claim in Small Claims court (use the 'same town' that you both lived in, and the car was 'borrowed' in). Depending on your evidence and proof, you could win all or part of your damages.

However, one thing to always consider before deciding to litgate... what are your chances of getting 'paid' if you win??

 

[I AM ALWAYS LIABLE]

I live in New York. In January of 1998 of former friend borrowed by car and had an accident. The police report stated "human error" on her part as the cause. The damage to my "new" car was almost $12,000 and there was $1500 in damage to other parked cars. Although our insurance covered most, we still incurred numerous costs:

Insurance Deductible: $500.00
Amount of Rental car not covered by insurance: $700.00
Insurance Accident surcharge of $150 per premium period for 3 years totaling $900.00

Has my statute of limitations run out? Am I entitled to sue for these out-of-pocket expenses? In addition, I also loaned this person $360.00 in July of 97. Can I sue for that too?

Also at the time of the accident we both lived in the same town. We've since both moved to different towns. We do I file?

My response:

New York has a 3-year Statute of Limitations for property damages. Yours expired in January 2001. While you can sue in Small Claims court, and the Statute is an "Affirmative" defense, the Defendant must bring this fact up at the hearing.

It is more likely than not, however, that either the Defendant or the Judge will bring this fact to the forefront, and your case will be dismissed.

But, as my good friend Steve said, above, in essence, if you don't try, you certainly won't get anything.

IAAL