Tuesday, July 27, 2010

I need legal advice on a specific scenario...?

Ok...keep in mind this is just hypothetical. If my sister allowed me to drive her car, and in a rage I cut the brake cable (making it seem like natural wear and tear) and drove it into the lake (jumping out in time) and I told her before hand I told her I was going to do it... would she be able to sue me for destruction of property, or could I sue her for being in her property which evience shows she neglected to maintain, which caused me unwanted drama and endangered my life? Also... these are just the types of conversations we have, this would never happen in real life.I need legal advice on a specific scenario...?
Well, I'll need important information you haven't provided such as: Is the car a standard or automatic, did you cut the brakes with a knife or scissors, were you going the speed limit the whole time, and how long have you and your sister been free from the asylum? With this detailed information of EXTREME importance, a reasonable conclusion can be reached by me.





The Texas croquet malletI need legal advice on a specific scenario...?
Whether or not you told her before the fact that you were going to drive her car into a lake and then did it, you could certainly be held liable both criminally and civilly.





If you sued her for ';unwanted drama'; or endangering your life, you would not prevail. Unwanted drama would be equivalent to emotional distress but unless you were so traumatized that you had to pay a psychiatrist for therapy for which you were seeking compensation, you would have no damages.





Combine that with the fact that you were driving the car and there would be absolutely no legal theory under which you could prevail.





Endangering your life would be a groundless accusation as well unless you could prove willful negligence on the part of your sister.
The police lab can prove the cables were CUT intentionally, and Not the result of ';natural wear';. Then you would be charged for cutting the cables, and sinking the car and providing false information to the police. Also you would be sued for the value of the car. And also the Government would charge you for the cost of fishing the car out of the lake.
Could she sue you for destroying her car? Of course.





I don't even get what you are asking. If you are asking if you could set up a situation where you would fake an accident, well you could, but that would be insurance fraud.

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