Muskego, WI asked in Car Accidents and Small Claims for Wisconsin

Q: I borrowed my friends sisters car. While i loaned it I had got into accident she did not have insurance and wants to sue

Can she sue even though she lied about having insurance? She's taking me to small claims for 5000 when the shop her car is at 5old me it's only $900 to fix I even bought her a car till she could get hers back and is also trying to sue for registration fees due parking tickets.

Related Topics:
1 Lawyer Answer

Emmanuel Muwonge

Answered
  • Personal Injury Lawyer
  • Wauwatosa, WI
  • Licensed in Wisconsin

A: She is suing or can sue for damage to her vehicle. I don't know whether her alleged lying about insurance led you to take the vehicle such that you relied upon representations it was an insured vehicle. That notwithstanding, I don't see the relationship between her lying about insurance coverage and the damage you appear to be responsible for. As relates to the difference between what the shop told you was the cost of fixing the car and what she is suing or going to sue you for, please remember that she or anyone for that matter can sue for whatever amount they think they are owed as long as the court in which they bring the lawsuit permits such. If she is in Small Claims Court she can sue in that court for any amount under $10,000.00. Also, what she sues for is not what she ultimately will collect or be awarded. The amount awarded is going to depend upon the proof she presents and whether the Court considers that credible, fair, reasonable and arising from the conduct she alleges triggered the accident and damages. I did not understand the last part where you indicated she is trying to sue for registration fees due parking tickets. I suppose if her argument is "I would not have to pay the registration but for the accident and damages" she may be able to make a case for such fees. As relates to parking tickets, I am going to assume that the vehicle was not driveable as a result of which it sat on the street or parking lot beyond the permitted time thereby resulting in the issuance of parking tickets. If so, she may very well get the Court to award her those costs if she otherwise would never have left her vehicle to sit beyond the time permitted. Please consult with someone who does Small Claims cases in the area where the lawsuit is going to be filed.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.