Legal Question in Personal Injury in Washington

I'm being taken to small claims court by a person who's car I borrowed (they offered). I damaged their car, but they refused to file a claim with their insurance co. I can't afford to pay the $3900 she is asking for. I paid her the $500 deductible they would have incurred (cashier's check) and I also offered to pay any premium increase they incur for the next three years. They chose to pay out of pocket and are now taking me to small claims court in Washington state. Will she win?


Asked on 12/06/09, 1:27 pm

1 Answer from Attorneys
James Vasquez In Pacta, PLLC

Whether or not she'll win is up to the court after reviewing the evidence provided. To insure that you have the best case possible you should have proof of everything you allege in your defense. Normally speaking, Small Claims Judges are only interested in the facts of the case. In your case it comes down to where you responsible for the damage to the vehicle, i.e. if the damage was due to an accident not your fault, and whether it was incumbent on the plaintiff to report the accident thereby mitigating her damages.

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Answered on 12/11/09, 12:22 pm


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