I hope that I am not stepping on anyone's toes here.
Based solely on the information presented previous to this post, I would say that the driver is fully or at least majority at fault here.
SPY, I liked this guys post:
QUOTE
Sorry to hear about your bad luck, but when you hand someone the keys to your modded car and then encourage them to push the car to the limits.....you're asking for it. That's like telling your buddy he can bang your girl.....but don't get her pregnant. Ooops! Accidents happen. I agree that a real man would pay for his faults, but alot of people in the world don't have the morals I do. Good luck with the situation, but I think you are out of a car and a friend. Now you have to change your sig to: If it's not broke, let your buddy drive it.
however, I would disagree slightly, You didn't tell your friend to bang your girl, you let him to hang out with her..... she gets pregnant and now you are stuck with the child support.
In Short: You let your friend drive your car, but you did not make him drive it into the fence. You should not ultimately be responsable.
I honestly disagree that he should be liable for the "projected" sales price of the car, however I do feel that he is liable for the cars "true market value". I also feel though that with out involving lawyers and courts you could make of even by being compensated for your investment price.
Going for your investment price is probably your best bet and will save your self some time, energy and heartache.
And just for the record... I do not feel that you have ever screwed me, so your offer to fix any unpaid debts to this forum will not apply to me.
Good luck on your efforts to recoop.
Ben