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need411
Oct 11, 2010, 12:42 PM
Today my boyfriend let me drive his car to the store. I was a house away from home and noticed that the car would only shift into third and fourth gears. It has always been difficult to shift into reverse gear. Who do you think is responsible for the car repair?

ebaines
Oct 11, 2010, 01:05 PM
Unless you did something out of the ordinary to the car (such as taking it off road or abused it in some way) or unless you got into an accident, I would say that the owner of the car is responsible for normal wear and tear repairs. When you loan someone your car there is no expectation that the borrower is responsible for things that break. It sounds like the shift problem has been there for some time, so there should be no surprise that it has reached a point where the car is undrivable.

AK lawyer
Oct 11, 2010, 01:29 PM
*Experiencing great difficulty avoiding making sexist comment about women and manual transmissions*

need411
Oct 11, 2010, 01:42 PM
Okay, my boyfriend borrowed my car today and it broke while he was driving it. Who is responsible for the repairs?

need411
Oct 11, 2010, 01:46 PM
Thank you for your answer. No, there was no abuse to the car.

Fr_Chuck
Oct 11, 2010, 02:14 PM
Agreed, unless someone caused the damage the car owner is responsible for repair to their car

JudyKayTee
Oct 11, 2010, 05:20 PM
Agreed, unless someone caused the damage the car owner is responsible for repair to their car


I disagree respectfully (I think this is the first time).

I can't tell exactly when it "broke," when there were problems BUT if you borrow my car and bring it back "broken," trust me, I'm asking you to pay for it. Of course, I wouldn't let anyone borrow my car unless it was in excellent shape and that may not be the case here.

I think legally the person who borrows it is responsible for the repair. Would be a good legal argument, though.

ScottGem
Oct 11, 2010, 05:23 PM
First, may I call your attention to the guidelines for using the comments feature found here:

https://www.askmehelpdesk.com/feedback/using-comments-feature-24951.html

You really need to define "broke" before we can answer.

ballengerb1
Oct 11, 2010, 05:50 PM
Now wait, you borrowed his car and it broke. The he borrowed your car and it broke. Both really happened, I'd call it even. Legfally I think you both should just pay for your own car and stop there. Otherwise, unless you voluntarily offer to pay the other party would have to sue you in court. Plus it sounds like the BF car wasn't tip top to start with.

Alty
Oct 11, 2010, 06:07 PM
I'm not a legal expert, but my understanding is that when a car is borrowed, the borrower is only responsible for anything above normal wear and tear. If this vehicle already had issues, than this would be normal wear and tear, and the owner is responsible.

How far did the boyfriend drive the car? Did he have an accident that caused this issue? Did he do anything that could cause the issue?

I don't think it's legal to sue someone because you didn't repair your car when you noticed something was wrong, and it all came to a head while he was driving it.

The question is. Would this have happened while you were driving it, if you hadn't loaned it to your boyfriend? If the answer is yes. You're responsible. That's my opinion.

need411
Oct 11, 2010, 06:21 PM
This car has 100,000 miles on it. When I drove the car today; it "broke" (we are thinking it is a linkage problem or shift fork) in less than 1/8 mile of driving it.

JudyKayTee
Oct 11, 2010, 06:30 PM
I'm not a legal expert, but my understanding is that when a car is borrowed, the borrower is only responsible for anything above normal wear and tear. If this vehicle already had issues, than this would be normal wear and tear, and the owner is responsible.

How far did the boyfriend drive the car? Did he have an accident that caused this issue? Did he do anything that could cause the issue?

I don't think it's legal to sue someone because you didn't repair your car when you noticed something was wrong, and it all came to a head while he was driving it.

The question is. Would this have happened while you were driving it, if you hadn't loaned it to your bf? If the answer is yes. You're responsible. That's my opinion.

So sue the owner and let him prove that whatever happened while someone else was driving was above and beyond normal wear and tear. OP admits that it was always difficult to get the car into reverse. She/the car dropped two other gears while she was driving it.

It's perfectly legal to sue someone, especially if you think you are right - it may not be honest, it may not be moral, but it is not illegal. I do not know any place where suing someone for not repairing a car and then lending it to someone is illegal.

I'm reading that it was the boyfriend's car, borrowed by the OP, when it dropped two forward gears.

I drive a sports car during the Summer. I've always driven a standard transmission. I've never in my life replaced a clutch or dropped a gear.

Any mechanics on board?

ScottGem
Oct 11, 2010, 06:31 PM
I gave you a link that explains how to use the comments feature. Please read it and use this site properly.

Ask the mechanic what he thinks caused the problem/

JudyKayTee
Oct 12, 2010, 07:45 AM
Please stick to answering the question and don't criticize people who know what they're talking about.

Speaking of which - here's an answer from an auto expert: https://www.askmehelpdesk.com/cars-trucks/expert-515784.html