A friend of mine lent his car out to his guy friend who he knew had no lisence and was un insured and has no job to pay for anything. Also this friend has never taken any sort of drivers ed. About an hr after letting his friend borrow his car he crashes it into a golf course pond totally the car. At the scene the guy who owned the car told the cops he wasnt going to file any changes. Now he's threating to sue the guy if he doesnt pay the car off completely? Can he do that ? Is there any point in him sueing a guy who can't even pay for it?
Pressing charges generally means filing a criminal complaint with the police. The police investigate and refer it (or not) to a prosecutor who decides to prosecute (or not) in the name of the people of the state.
An individual however, can and does sue another individual, in his or her own name. That is a civil matter. Your friend can certainly sue the fellow who trashed his car in spite of not "filing charges."
The reason someone might sue a person who can't pay, is because they might come into money later. The judgment will remain on the record for years and post judgment remedies can be exercised later if the judgment creditor believes it is worth it to pursue.
No legal representation exists by virtue of this answer. Consult your attorney. Licensed to practice law in Indiana and Illinois. Circular 230 Disclosure: any U.S. tax advice contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any matters addressed herein.
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