Will I Win My Small Claims Court Case?

Question

Ok so heres the thing. I was on deployment from Feb 22nd-Oct 1st 2011. And I let my friend borrow my car(2001 Infiniti i30). At the time we had no wrriten agreement just verbal. The deal was he was going to watch after my car and drive it and if anything happened to it he would be responsible. I had full coverage insurance. In june he ended up getting the car towed. So I then did a POA(Power of Attonerney) For him to get the car out of the impound. The people at the impound said if he provieded a POA he could get the car out. I gave him just that but he argued with me sayiing the car was too expensive to get out. The total price to get the car out is $5650. The kbb on the car is $3800. So i'm sueing for a total of $6000. I paid $5000 for the car through a bank loan which I have papers on. $3800 for the car and $1200 due to lack of time from work, stress, lack of transportation. Heres what I have in my defense.

-Proof Of Full Coverage Insurance
-Title and Registration of the Car
-Proof that I was on deployment
-Proof that the car was towed under his name, photo id, and signature, and that he refused to take the car out of the imppund.
-Proof of the POA(Power of Attonerney) Documents and detail
-Proof that I gave him the car in working condition(california smog check)
-Proof that I paid $5000 for the car through a bank loan


what are my chances looking like on winning this case?

pumalol · Answer

So, just to make sure I understand, you got out but never went and got the car because it was too expensive by then?
If you would have went and got it out then you could have sued him for the expense, but since you also left the car there, you may be SOL. 
Why was the car towed? If it was for reasons out of your friends control, i.e. you owed tickets, or something went wrong on the car through no fault of your friend's and it broke down on the side of the road. He's not responsible for towing and storage if he was not the reason for it. If it did break down but you left it in good working condition, you still need to prove that it broke down because of your friends negligence, i.e. , I told him it leaked oil and he never checked it. 

The 1200 for misc expenses will never be recovered, you could have found other ways to work. Also emotional stress is very very hard to prove. 

These are just general points of law that will be looked at but different states have different laws on things like this.

Mr Placid · Answer

$5650 to get the car after it was towed?  My God, where was it towed?  Outer Mongolia?  Sounds to me like you shoud sue the tow company.

But, as everyone else says, presuming you win at all, the most you will get is your actual loss, which in this case is the $3800 value of the car.

LILL · Answer

You can only sue for the KBB value of the car.

Katy M · Answer

The most you're going to win is $3800, because that's what your car ws worth and that's what you're out.

Malis Marie · Answer

You could win but kbb value

airjarrod · Answer

I'd say your chances are 0.

You had nothing in writing before it got towed.

Even if you end up winning, collecting is quite another issue.

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Will I Win My Small Claims Court Case?

6 Answers