Legal Question in Consumer Law in Florida

car damage

My daughter (25) Chrisitina went out for the evening with 2 girlfriends. The girl who drove ans also the other girl drank too muhc. So Christina drove the car. they told christina to go down this dirt road and while going down the dirt hit a hole. Just to let you know the owner of the Mercedes also got in an accident a few weeks before. Never got damage fixed. Now she wants Christina to pay $500.00 and when she refused because I told her not too. she is noew going to small claims court. What could my daughter do let her drive drunk.


Asked on 9/02/08, 9:09 am

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: car damage

She should have asked for a ride home from someone else.

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Answered on 9/02/08, 9:34 am
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: car damage

Hind sight is perfect (SOMETIMES)

Your daughter should answer the complaint when it is filed and appear in small claims court. I suggest that she compile as much information as she can before going to court. If she has any proof of the prior damage to the car this will be helpful.

If your daughter was not negligent in her actions then she should be ok, and she may win in court. However, if she ignores the complaint a default judgment will be entered against her which means she loses and owes the other person for damages and court costs.

It sounds like the owner is suing for the amount of their deductible to have the car repaired.

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Answered on 9/02/08, 2:43 pm


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