Loss or Nah

Case:

On a quiet motzei shabbas, Asher decides that he would like to go to Mizner and enjoy a delicious ice cream cone. Unfortunately, he had no way to get there since his parents weren't home and he didn't have a car. Asher texted Max, asking if he can borrow his car for the night, but there was no response. He decided that since Max was at his KYHS comedy rehearsal, Max wouldn't know if Asher borrowed the car. Unbeknownst to Max, Asher stole Max's car, ate his ice cream, and drove back. Max wouldn't have found out, but he saw that Asher posted a picture of his ice cream on snapchat, and Max knew Asher didn't have a car. When Max got in his car, there was little gas left and more miles on the car. Asher felt bad and admitted it to Max when he asked. Max let Asher borrow his car before without charging him, but Max was really upset that Asher took it without permission. Is Asher liable?

Analysis:

Asher is completely liable as Tosfot explains that any loss would immediately result in the obligation of Asher, regardless of whether max usually rents or not.