Can I sue my ex-girlfriend to recover damages to my wrecked car?

UPDATED: Jun 10, 2009

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Can I sue my ex-girlfriend to recover damages to my wrecked car?

Ok here is the story. My ex wrecked my car about a month and a half ago, and since then we have broke up. She took my car one night to go see friends without my permission, and she is not listed as a driver on the car. I only had liability, so it didnt cover the damages. The car booked at 15k, and the damages were 10k. She was completely ok, no harm done to her.When I arrived on the scene they asked if she was allowed to drive the car, just to make sure it wasnt stolen, and I said yes, even though i didnt give her permission th

Asked on June 10, 2009 under Accident Law, Missouri


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

File a lawsuit against her for negligence.  I suggest that you obtain a lawyer to help you as you are seeking 10K and it is above the small claims amount.  You want to allege that she had a duty of care to drive your car in a reasonable manner and that she breached that duty by crashing it and caused damages to the car.  I would however, send a letter to her letting her know the suit is coming so she can repay you to avoid the suit.  If she wont pay you, sue her inthe state she lives.  if you rather take her to small claims court to avoid hiring a lawyer, then i suggest doing that as the lawyer will take at least 3K to do your case and you will be left with 7K.  if the small claims limit is 5K, you should cut your losses and file there.

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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