I asked him to take my are to his house because the fiance company threaten to repo my car. i was paying them current the following week. He agreed and in the interim he wreck it ( minor damages). I filed my insurance and he refuses the pay the deducatable. I am furious because 1. He didnt tell me when he brought my car back to me, I found it later that day. 2. He says he was doing me a favor and he isnt responsible. I had to pay the deducatable myself. Should I sue and is it worth it.
2006-07-17 15:45:10 · 9 answers · asked by !@#$$ 2 in Politics & Government ➔ Law & Ethics
Who is "he?"
Just how much is your damage in terms of dollars? Yes, he is irresponsible but taking him to court, even a small claims court will be time consuming, and exhausting, although the cost is rather small.
Also consider, once you take "him" to the court, whatever the friendship you had with "him" will be over, if not over already.
If it is worth the trouble is up to you to decide. If you take him to a small claims court and if the decisions are "overwhelmingly in your favor," then you have a very good chance of recovering your documented cost and court fee. This is the condition where almsot everything you stated were right and in your favor. Please check with your local clerk's office for exact details as it may be different in your area.
What I don't know is, since you filed for insurance, I am not sure if your damage is the cost of repair, or the amount of deductable. You'll have to ask a lawyer for an answer for this one.
Please remember, in small claims court, you can only recover the documented cost, nothing for your time unless you missed work, and nothing for your "pain and suffering" or emotional costs.
Personally, if I take anyone to court, it will have to be over 500 dollars in loss.
It is really up to you to decide.
2006-07-17 15:57:28 · answer #1 · answered by tkquestion 7 · 0⤊ 0⤋
How much is your deductible? You can take him to small claims court in most states for up to $5,000 plus the filing fee and costs of serving him with notice. You also need to think about if it is worth it - for example you will probably have to take time off from work to appear in court, and for some people it can be very unpleasant to have these types of confrontations. Is he a relative? It might cause all sorts of unforeseen consequences in the family. Is he just a friend or an acquaintance? If it were me, I would probably take him to court, but you need to think this through and make the best decision for yourself. You might also want to reflect on not getting into this kind of situation in the future, because it is a pain to deal not only with the loss of money, but having your car repossessed can hurt your credit big time. Take it from someone who's been there - it's much easier making payments on time than having to hide your car. And if you do get into a pinch, call your finance company right away. They'll usually be glad to work out alternate arrangements. Good luck!
2006-07-17 15:55:20 · answer #2 · answered by Mother Bear 3 · 0⤊ 0⤋
This happened to me years ago. The only way he was caught was by the hair that was left in the windshield that he hit on the driver's side. I was charged with it for 3 months until I found that. On the question of sueing, does he have any money? If not, it's throwing away money because you'll never see it. Unfortunately, it sound like one of those learning experiences where you lose, even though it isn't fair. I've been through many of those and you learn to do things differently like not letting others drive your car, not loaning anyone money, etc....
2006-07-17 15:52:22 · answer #3 · answered by KLH 3 · 0⤊ 0⤋
Ummm....no. First YOU should take responsibility. You asked him to take it to his house to avoid having it repo'd (from not paying for it). If the insurance company covers it at all shut up and pay it...if he's not on the covered drivers don't push it. It was irresponsible of him but you made the DECISION to let him have the car knowing it was evading action the finance company was entitled to take (you agreed to it). Consider it lucky if the insurance pays at all.
2006-07-17 15:51:41 · answer #4 · answered by Jan H 5 · 0⤊ 0⤋
that is not properly worth getting a criminal professional and suing him over. greater then probable you will pay the criminal professional greater then what the damages are properly worth and then some. If the damages are not over 500 money then i could only chalk it up yet whilst they are over that quantity attempt to take him to small claims court docket. you're able to beable to get some thing from him.
2016-12-10 09:12:02 · answer #5 · answered by rothe 3 · 0⤊ 0⤋
If you gave him permission to use the car, you have no grounds for suit. If he took it against your will, you can sue him for stealing it and get it covered under comprehensive auto insurance.
2006-07-17 15:50:32 · answer #6 · answered by mbezlr 3 · 0⤊ 0⤋
first mistake was giving it to him, proving it it court will be hard, so just take it on the chin and be more cautious of your own property and hang on to it. also get rid of this sumbag as a friend you dont need this kind
2006-07-17 15:47:37 · answer #7 · answered by robug 3 · 0⤊ 0⤋
Get a lawyer.
2006-07-17 15:48:20 · answer #8 · answered by Anonymous · 0⤊ 0⤋
YA SUE HIS ***.......
2006-07-17 15:49:29 · answer #9 · answered by rosebud16 2 · 0⤊ 0⤋