Can I sue ex gf for damages she cause to my truck driving drunk

UPDATED: Sep 30, 2022

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Can I sue ex gf for damages she cause to my truck driving drunk

She got arrested for dui crashed
my truck causing,3000 in damages
she said over time she would payme
back same with her mom n they
didn’t and she broke up with me n
refuses to pay me anything there’s
news articles n text supporting
she would fix it

Asked on April 3, 2016 under Accident Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, you can sue her: a driver who is at fault in damaging a borrowed vehicle is responsible for the costs to repair that vehicle, and to drive drunk is essentially by definition to be driving negligently (carelessly) and be at fault, For this amount, you could sue her in small claims court, acting as your own attorney ("pro se") to save on legal costs, but note that you should subpoena the officer who cited her for DUI to appear & testify about her DUI (the court can provide instructions or forms for a subpoena) and also have the police report(s) with you, as well as print out of the texts (courts will not look at materials on phones; you need hardcopy).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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