Legal Question in Personal Injury in California

About a year ago my wifes cousin took my car without consent, she flipped it on the highway and got a DUI in my car, we had a verbal agreement that she was gonna pay me half of whatever she makes in order to keep my credit on track. At first she was given me money for the totaled car, but now is backing out on giving me the rest of my money..what do I do? Do I have a case still??


Asked on 2/07/11, 3:12 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

If she were to pay you half of whatever she makes, perhaps she's not making anything! That doesn't sound like an enforceable agreement. Instead, you might sue in small claims court (up to $7,500) for the damage to the car because of her negligence and DUI. You'd want to be reimbursed for its value, rather than try to enforce the agreement. You can offset the car's value by the amount she has paid. Of course, trying to collect once you have a judgment is an issue for another day.

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Answered on 2/07/11, 6:29 pm


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