LGSociety

Hi, so I let someone test drive my 2003 Touring 350z, and this person managed to skid into a parking space while going from automatic -> tiptronic, while upshifting ridiculously fast; or something of the sort, that managed to get the car stuck in tiptronic.

The car had to be towed because there was no way I could get it back into automatic for hours. He told me its my shitty car, and he wasn't liable for any damage because hey; 'it happens'.

A new gearbox + repair + towing comes down to 775$ That he does not want to compensate for.

Besides the fact that I legally probably cant let him drive my car. Would I have any chance of proving that he broke my gearbox in a small claims court?

albaugh81

He should atleast pay for the towing...............don't let people drive ur car.

LGSociety

Lesson learned hahah.

laxplaya1385

iTrader: (6)

Wait... so he was test driving the car in a parking lot? And what do you mean it got stuck in tiptronic? The shifter wouldn't go back to "D"? or even when in "D" the car was still recognizing it as tiptronic?

Either way, I'd call insurance and ask about the state law regarding this. They might be able to provide the best insight outside of a lawyer.

WTFMike

iTrader: (2)

Were you trying to sell it to him? I never let anyone drive my car unless I am in the passenger seat. Hope it works out for you man.

dcains

iTrader: (15)

Seen this on Judge Judy a few times (one car, one bike) - you lose because you let the other person drive the car.

LGSociety

It wouldn't go back to D, therefore it was stuck in neutral. I have limited liability insurance, but i'll give em a call.

I was in the passenger seat as a witness, and the parking lot had cameras; I don't know if footage of him drifting my car like an ***hole would help.


And hahah, judge judy.

Currently i'm still pushing for court; since-

A. He's hiring lawyers, waste of his money is funny.
B. Might back out thinking its a waste of his time and try to settle.

350ZTheStandard

iTrader: (4)

OP you are fUkd!! Why would the insurance company pay out on your claim, if you decided to file one? Once you let somebody drive your car you are essentially adding that person to your insurance, if they have an accident it is your insurance that is primary & ONLY if the damages are greater than your coverage then his insurance would then pay any additional charges to the limits of his insurance. MOst importantly insurance usually doesn't cover a damaged gearbox without a deductabe & a hefty rate increase, is this worth your stOOPidity?

davidv

iTrader: (2)

Chances of winning are 100 to 1. Burden of proof is on you. To win you must present a "preponderance of evidence". So far I see little or no evidence.

verdict.

Don't think there's much you can do, OP.

ImWeeZzel

iTrader: (27)

guy sounds like a douche who was looking into hot rodding your car. He probably doesnt even have cash and wanted to test drive your car. Good luck with it in court, I hope you can get something resolved.

If you end up needing a tranny I haz one for sale/ sales pitch

MaelstrØm

Some of the suggestions here are amusing. But let's get real here.

Before saying anything more, talk to an attorney, that is probably your best option. This is not advice, just information.

First, important questions:
How old was the person who took the car for a test drive?
If underage, was a parent present who could agree on his behalf? (since minors can't enter contracts)
What was the agreement, are you selling this car to him? Was he just testing out a "350z" to see what it's like? Was he driving the car on an errand for you? These questions change the outcome.


Second, let's get down to what you should do.
You lent the car for a test drive. However, your understanding was probably not that he would damage the car, but that he would use reasonable care. In other words, it is not an expectation of a test drive that your car will be wrecked. You offered him the vehicle expecting reasonable care, but he didn't treat it that way. Thus, he damaged your property with no agreement that he should do so.

Now, let's talk about your car insurance. It is often stated that insurance "travels with the car", so if you call your insurance, it is very likely that other temporary drivers are covered (with limitations), however any call you make is probably going to be treated as a claim, so think twice before you call. Are you prepared to have your rates go up? What is your deductible?

Now, let's talk about his insurance. When someone drives a car that is not theirs, their policy will often cover the temporary driving of another vehicle. That means his insurance may in fact pay for damage to your car, as it was his fault. If his car insurance won't cover it, you should talk to his HOME OWNERS insurance (or his parent's policy) because their home owner's insurance often covers damage to other property besides the home.

Now, small claims court. Small claims court will allow you to go head to head with him in court, provided you document everything. You need to have a legal argument set up - not just "he owes me!". You also need to get your car inspected and an estimate for damage made so that you can PROVE on paper your damages. You further may want to exchange e-mails with the guy who damaged your car and try to get him to admit that he drove the car, and that he had a problem. Keep any e-mails you had where you set up the meeting, thus you can prove it happened. If there were witnesses, get statements in writing from them explaining what they saw and get it signed, or bring them with you to court. Small claims courts do not allow you to bring an attorney, so you are on your own. Your claim would be for property damage. His defense would be that you accepted liability when you lent him the car. If you are organized, calm and have your defense planned out, you can win it.


Your steps of action therefore are:

1) Try to get documentation about the whole event. E-mails, photos, witnesses.

2) Call his AUTO insurance company and make a claim. If he has none and is underage, then go to his parent's policy as they approve on his behalf and may accept liability.

3) If they balk, then call his HOME insurance company and make a claim for property damage to your car.

4) If they balk, then sue him. A full on local court action would probably get you the best chance of winning, but the cost would be high and may outweigh your gains. So your next best bet is a small claims court action without your attorney, as above.

5) Don't talk to the guy except to document and get his information. When you call his insurance, explain to them that what their client did to your property and be prepared to back it up with these damage estimates and documentation.

Don't argue with him, don't debate, don't say or make any promises or threats. Don't agree to anything unless it is him giving you cash or a certified check.

350ZTheStandard

iTrader: (4)

^ INsurance when driving an others vehicle with or without their permission (not if the vehicle is stolen, BUT what if your son or daughter takes the parents car for a joy ride, they are covered) by the owner of the vehicles insurance. If they have an accident it is your insurance that is primary & ONLY if the damages are greater than your coverage then his (the person who is driving someone else's vehicle) insurance would then pay any additional charges to the limits of his insurance. Then if necessary the owner of the vehicle would be sued if additional monies are owed, possibly from a wrongful death lawsuit, proven in a court of law.

I am a insurance agent, this law may slightly vary from state to state.
OP is fuKD. Sometimes you have to learn the hard way, this may cost you a friendship. I see this quite often among very close friends, I also see plenty of insurance fraud cases, as well.

Entaille

iTrader: (16)

him wasting his money is going to be really funny when you have to pay for your own gearbox, his court fees and time etc.. :/

sorry man. this is a bad situation, you can't really prove he did it.

gregom

iTrader: (3)

Under $1000 for for a new automatic gearbox, repair, and towing? Really? Are you sure you didn't mean $10,000?

AJCaron12

If you were in the car next to him why were you letting him drive it like that?

LGSociety

1. Yeah my mechanic hooks me up.
2. I didnt, I dont fking know when someone is going to try to do a donut in a parking lot? I didnt know people are that stupid.

thekinn

iTrader: (18)

Would love to see this on cam.. get the surveillance video. pronto.

NyCSnEaK

iTrader: (5)

Should have broken his nose or jaw, once he said "it happens". The youngsters in the tri-state are getting softer and softer these days.

Edit: Your from Livingston, NJ, now I know why you let him slide ; ).

glenns280

Right I would have split his wig