Legal Question in Credit and Debt Law in Michigan

Ok my question is.... My friend was driving his ex girlfriends car < so she says > and he supposedly took a sharp turn and hit a curb, well its been 2 weeks and she is now saying she had to go buy a new tire for 70 dollars. Yet he has no license and no insurance. She let him drive her car knowing he didnt have either. Now she is claiming she is going to take him to small claims court for the 70 dollars. What should he do? He says he wasn't driving the car and this all started once he told her he couldnt deal with her drama anymore and that it was best they're seperate ways.


Asked on 9/11/10, 12:25 pm

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

If he was driving the car when it was damaged, or otherwise caused damages to the car, then he needs to pay. Bickering and filing a lawsuit over $70 is ridiculous. If I was her, and he refused to pay the $70, I'd chalk it up to a learning experience - i.e., don't let anyone else use your car, especially an unlicensed or uninsured idiot. She's lucky it's only $70 in damages and not something worse. If she filed a lawsuit, she'd have to prove that the new tire was necessary because of his actions, and not because the tire was worn out or already damaged. The Judge would ask how long after the "incident" did she get the tire? What did the invoice say as to why the old tire needed replacing? It's also common knowledge that when most cars hit a curb or other low object, it's usually the rim that is damaged, and not the rubber tire itself (other than a scrap or mark that doesn't affect the tire's condition or performance). But, the curb could have caused a bubble or hit the tire just right, like in a weak spot.

Her case isn't necessarily easy to prove. However, courts often try to resolve petty cases like this by cutting it down the middle, i.e., having him pay half. It all depends on the court and the judge hearing the case, and the impression each party or witness makes (and the honesty of each). It's basically a waste of time for either her to file a lawsuit, or for him to defend the lawsuit, as they'll both spend a half day at court arguing about $70.

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Answered on 9/18/10, 8:34 pm


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