Is there a law that holds someone responsible for property they borrow ?

i recently let a friend use my car (she wanted to buy it and asked if she could test drive it for a few days and get it inspected) while she had it she hit a deer and now doesn't want to buy it obviously and refuses to pay for the damages(she also damaged the interior) is there any law that says you assume responsibility when your using someone elses property ? i live in new york and only have liability insurance on the car

we took her to small claims and lost because the judge said it was only a common courtesy but we plan to appeal cause we think he's wrong

You are going to have a difficult time with this one. If she was negligent in any way, the court would give that consideration. However, hitting a deer is not negligent.

The owner of a vehicle is responsible for insurance, not the driver.

If you let her drive your car and she wasn't an insured driver, you are up the creek as far as any damage to your car is concerned.

This is a bit of contract/property law. Essentially you two had an open unilateral contract, where your offer was open until she said 'yes i want to buy your car'. Without going into detail, you cannot prove that she would have bought the car if the test drive had gone well, so you cannot sue for specific performance (ie make her buy the car). But when you lent her the car, you (the bailiff) and she (the bailee) had an agreement, where she would assume responsibility and all property rights to the car while it was in her possession or you wanted it returned. However, these rights remain subject to your control as the true owner/bailiff. So, she is responsible for all her negligent acts (unless you were negligent in letting her drive the car--if a reasonable person in your shoes would not have loaned the car). Hitting a deer, unless she was speeding excessively or impaired, is not a negligent act she would be responsible for, nor would the damage. So you can't sue for damages or specific performance. Furthermore, your insurance company is not responsible for this claim. Loaning a car for test drive purposes you should always be in the car with them; and it is likely that your plan does not include non-family operators (even then, you would have to be in the car). Unfortunately, you have no action other than to stop being friends.

Go ahead and try to appeal the judge's decision, but good luck to you. I doubt another judge will overturn the decision. The costs involved probably outweigh the repair bill or value of your vehicle.

Lesson learned Sorry

Have repairs done, then take her to small claims court. Even if the judge rules in your favor, you might have a hard time collecting.

If the car was in her care, then she's responsible. I see these cases all the time on Judge Judy, the People's Court, etc. Take her to small claims court for the damage.