My son-in-law totaled my car.

[Kdenton65]

I let my son-in-law use my car and today I just found out it is impounded, it was left in a ditch after being wrecked, apparently about a week ago. I now owe about $700 to the impound lot, and the car is totaled. I need to know if I have any recourse, can I take him to small claims court to compensate me for the loss of my vehicle?

 

[quincy]

I let my son-in-law use my car and today I just found out it is impounded, it was left in a ditch after being wrecked, apparently about a week ago. I now owe about $700 to the impound lot, and the car is totaled. I need to know if I have any recourse, can I take him to small claims court to compensate me for the loss of my vehicle?

What is the name of your state?

 

[HRZ]

Was he a licensed driver?

Why not sue him?

 

[adjusterjack]

Do you have damage insurance on the car?

 

[quincy]

You had your car insured and reported the accident to your insurer?

 

[Eekamouse]

Before allowing him to drive your car, you did verify that he is a licensed driver and you added him to your insurance, yes? Have your insurance handle it.

 

[Zigner]

Before allowing him to drive your car, you did verify that he is a licensed driver and you added him to your insurance, yes? Have your insurance handle it.

I agree with the first part, but it isn't necessarily necessary to have added him to the insurance policy if he is merely an occasional driver. For example, I can drive my wife's father's car and be covered by his insurance.

 

[Eekamouse]

That's true but it sounds like son in law had been using it regularly since OP didn't even find out about this until today and it happened a week ago. The smart thing to do when you are allowing someone to regularly drive one of your vehicles is to make sure they're covered by insurance one way or another.

 

[Kdenton65]

What is the name of your state?

Texas

 

[Kdenton65]

Was he a licensed driver?

Why not sue him?

He is a licensed driver, and I'm trying to find out if I can sue him and what is done when he can't pay what a judge orders.

 

[Kdenton65]

Do you have damage insurance on the car?

Only liability.

 

[Kdenton65]

You had your car insured and reported the accident to your insurer?

He has the car insured, but only liability.

 

[Kdenton65]

Before allowing him to drive your car, you did verify that he is a licensed driver and you added him to your insurance, yes? Have your insurance handle it.

Yes he's licensed, and he put the car on his insurance - liability only.

 

[Kdenton65]

That's true but it sounds like son in law had been using it regularly since OP didn't even find out about this until today and it happened a week ago. The smart thing to do when you are allowing someone to regularly drive one of your vehicles is to make sure they're covered by insurance one way or another.

I did.

 

[LdiJ]

Yes he's licensed, and he put the car on his insurance - liability only.

Its that liability only that is the problem. I would not have allowed someone the use of my car if they were only willing to insure it for liability only.