Can I sue someone who drove my car and blew my engine by driving too fast?

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Can I sue someone who drove my car and blew my engine by driving too fast?

I allowed my friend to drive the rest of the way home on the expressway. I asked him not to go past 80 mph, due to my cars transmission and because it makes my car shake and my engine light come on. He then tested that by going 85 mph and my engine light began to flash. I asked him to slow down but he didn’t, in fact he went faster. At a point where he

reached 100 mph, I asked him to slow down at that moment for my cars sake and our safety because I was scared. He told me,

Asked on October 17, 2016 under Accident Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue your friend for negligence which is the failure to exercise due care (that degree of care that a reasonable driver would have exercised under the same or similar circumstances to prevent foreseeable harm).  Your damages for negligence (monetary compensation you are seeking in your lawsuit) would be the cost of repairs to your car and documentation of wage loss.
In order to have an additional claim in your lawsuit of  negligent infliction of emotional distress, you will need to document it with medical treatment and a medical report from a psychologist or psychiatrist.


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