dented friend's car...

[rlk2005]

My friend and I went out one night. She had parked her car in the parking lot at my place of employment. We got a ride back there, but she was too drunk to drive. I had been drinking also but was not as intoxicated as she was. She said she wanted to take a nap in her car. At least 30 minutes later, I asked her to take a ride from my friend home, leave her car there, and pick it up in the next day when I went to work. She said she wouldn't leave her car there. I asked her to pull her car around back and we could sleep in her car. She said no. Then I asked her if she wanted me to drive home. She said yes. I really didn't want to because I am a newly licensed driver; that was actually the first time I drove since I got my license. We got all the way to my house (she lived with me), my foot slipped off the brake when I was parking, I then hit the gas instead of the brake, and hit my porch (stupid I know). It did some damage to her car. Right before I was ready to pay for the damage, I asked if she was going to pay any of it. She said yeah. I put it all on my credit card. We later discussed and decided she would pay me back for about $400 of the $1069. Then later she decided since I was the one driving, she shouldn't pay anything, and moved out of my house while I was not home. Oh, she also refused to turn it in to insurance because her premium would go up. Is she at all legally responsible?

 

[presutin]

Sticky situation since is is a she said, she said case - it is hard to make a case in small claims court without witnesses and without any written evidence that she had accepted responsibility when it came to paying for some of the damage done to the car. You can try to take her to small claims court but it is going to be a hard case to prove to the magistrate since you were both impaired when you both agreed to make payments on the damages to the car and you were the one who was driving it...