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Who is Liable for Damage to a Car Driven With the Owner's Permission in Florida?

Who is Liable for Damage to a Car Driven With the Owner's Permission in Florida?

Q: What happens if my mailbox gets knocked over?

If your mailbox is knocked over, you can file a claim with your homeowner's insurance or the responsible party's insurance if known. Document the damage with photos and gather any witness statements. If the responsible party is not identified, you may need to cover the repair costs yourself.

Q: Can you file a police report if someone hits your mailbox?

Yes, you can file a police report if someone hits your mailbox, especially if there is significant damage or if the driver left the scene. Providing evidence, such as photos or witness accounts, can help in the investigation and potential claims.

Q: What is the penalty for smashing mailboxes?

Smashing mailboxes can be considered vandalism, which is a misdemeanor in many cases. Penalties may include fines, community service, or restitution to the mailbox owner for damages. If the damage is extensive, it could lead to felony charges.

Q: Is accidentally hitting a mailbox a felony?

Accidentally hitting a mailbox is typically not a felony; it is usually treated as a civil matter or a misdemeanor, depending on the circumstances. However, if the act is deemed intentional or if there are aggravating factors, it could lead to more serious charges.

Full question:

I was helping my boyfriend out by driving his truck while he needed to drive another car to my home. I accidentally clipped a plastic mailbox. No damage to the box but put a small dent near the right front headlight. He told me not to worry about it that he would take care of it. Even so I gave him a check for $400.00. He seemed satisfied. Well, this past week he broke up with me and now claims I owe him $2,500.00 and is going to take me to court. I asked for estimates and photo but I haven't received any. My question is does Florida's dangerous instrumentality doctrine apply in this case? Is he responsible for the damage?

Category: Automobiles
Date: 04/07/2025
State: Florida

Answer:

We’re assuming the truck was uninsured for property damage. The Florida dangerous instrumentality doctrine is applied in cases of damage to a third party, rather than damage to the owner’s own vehicle. It may be possible to hold the truck owner liable or partly liable if there was a problem with the truck which contributed to the accident and that the owner knew or should have known about, or if he should have known that you were a negligent driver. However, generally, a person who causes an accident with a loaned vehicle is liable for damaging that vehicle. At trial, you may request documentation of the repair estimates, or seek estimates of your own to counter the amount claimed.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if you hit someone's mailbox and drove away?

If you hit someone's mailbox and leave the scene, you could be liable for damages. The mailbox owner may seek compensation for repairs. In some cases, this could be considered a hit-and-run, which may lead to legal consequences. It's best to report the incident to the owner and your insurance company to address any potential claims.