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Am I legally responsible for the damage to his car?

Long question, but please help. I'm a bundle of nerves here!

My ex lent me his car. I had it for 3 months (at his suggestion, he has no license anyway and owes me thousands in child support). I drove it to my grandpas funeral 2.5 hours from my home. The car broke down. I had it towed, and kept the ex informed. The place I had it towed to couldn't fix it. I called and told him that I would help him get it fixed it he would have it towed somewhere else. He waited more than two months before taking any action, during which time I offered on several occasions to make arrangements to help him. Upon getting someone to tow it, he discovered that it had apparently been vandalized and is totaled.

He's threatening to have me prosecuted for theft since I didn't return the car to him (he didn't ask me to until after it broke down, and then asked me to have it towed 3 hours to where he used to live - unreasonable for a car valued at less than $1000). Is this a possibility?

He is also saying that I am responsible for the damage done to it on the lot while it sat. I know I need to call an attorney, but I'd really like whatever information or opinion anyone has. This happened in WV, though he and I both live in Ohio.

Blessings,

Kate

Update:

It seems like I should clarify that the lot it sat in was not mine. I'd had it towed to a Sears, thinking it was a battery problem. It turned out not to be, and the ex was told at that time that we needed to work on having it towed elsewhere. It has been in the Sears lot (and I know they're not responsible) for the three total months in question. Thank all of you for taking the time to reply and read!!!

9 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    Aren't you glad he's your ex?

    You aren't responsible. He loaned you the car. In order for him to hold you accountable in court, he has to prove that you were negligent somehow. From your story, unless you're leaving something out, he has no proof. Cars get stolen and vandalized all the time. In the future with stuff like this, try and keep a written record though. If you have anything from the towing company which shows you were considerate and tried to do the right thing, it will help. But likely once he visits with an attorney, he'll realize he's an idiot and your insurance will cover it.

    You might also bring up the child support. Ask him if he's open to another hearing in court where you can discuss what he owes in back support and the possible garnishment of his wages.

    Something tells me he'll forget about his piece of crap car pretty fast.

  • 1 decade ago

    I believe that possession is nine tenths of the law. Whoever had possession of the car when the damage occurred is probably responsible for repairing that damage. Based on your description, I would say that's you.

    ADDED: You may be able to go after the lot owner if he did not protect the car adequately, but that does not affect your verbal contract with your ex, which probably holds you responsible for the condition of his car until you return it to him.

  • 1 decade ago

    You had the car then i say yes it is your responsibility.He was good enough to let you borrow the car It,s you duty to take care of it.You might win in court but it wont change the fact that the responsibility is yours and no one else.If you're lucky maybe the insurance will help you?Child support has nothing to do with the car.It is a whole different deal

  • 1 decade ago

    His insurance should cover the car. You should have had it towed from the Sears lot yourself, but you did not steal the car and are probably not responsible for the damages

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  • Anonymous
    1 decade ago

    You are absolutely not held accountable for any damages to the car.

    Depending on the amount of times you used the car, it breaking down was not your fault, it was his for not keeping it properly maintained.

    You tried to repair the car, but were unable to. You asked for help to get it fixed, under the reasonable condition that he helped you move it. He knew of the situation, and took his sweet time to handle a problem that was also his (the car breaking down).

    While you were readily avalible, he was not. You have no obligation to act as his personal storage area, but it was a loan, so... However, since he agreed to pick it up, but didn't after a prolonged period of time, it was his responsibilty for whatever happened to it because he agreed to have it picked up (if you can prove it wasn't damaged after he promised to pick it up) and failed to do so until late.

    HOWEVER, it was trusted to you. And under your care, it was damaged. But if you can prove that he wasn't doing anything productive at the time, or was just letting you keep it storage, the judge should eliminate that it was damaged under your care, since he was taking advantage of you.

    *hope he doesn't get a dime. My dad never paid child support either! (But in your case, that is essentally irrelivant...darn!)

    Source(s): Honors Debate Classes
  • Anonymous
    1 decade ago

    Once you take the car you are responsible for any damages. Your insurance should cover the loss and that's the end of it. Mitigating circumstances caused several other things to come into play so I wouldn't worry yourself too much. The car is totaled, your insurance pays book value and that's it.

  • 1 decade ago

    U AND THE PLACE U LEFT IT IS RESPONSIBLE FOR THE DAMAGE TO HIS CAR... HAVE HIM GO AFTER WHERE IT WAS LEFT AND THEN IF THEY DONT GET SATISFACTION THEN HE CAN AND PROBABLY WILL COME AFTER U ...

    I AM SORRY THIS IS HAPPENING BUT ONE OF U SHOULD OF MOVED THE CAR BEFORE ALL THIS DAMAGE WAS DONE...

  • 1 decade ago

    I believe the lot would be responsible for the damage.

  • Anonymous
    1 decade ago

    If the question ever goes through your mind "Am I responsible for damage......" chances are VERY GOOD that you are. Warm Regards, Jessica.

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