Wife backs into a car at store that was parked behind her blocking her in by an inconsiderate driver. When driver came back to her car my wife did not want to go though our insurance so she gave the girl driving car $200 to settle matter. Now young lady"s father calls and says that the mirror that was broken alone cost that much and wants to get estimates. I am leaning towards telling him that matter was settled when daughter took the money to settle matter and that if it was less he would not be calling to give some back. In addition his daughter was inconsiderate by blocking others in for 10 min and if I was driving I would not have stopped tell her car was pushed out of way or my truck was over it. I know it was my wifes fault legally but would I be correct to tell him to pound sand as the matter was settled when his daughter took cash?
2007-07-10 04:01:44 · 15 answers · asked by ib_george_dubya_bush 1 in Politics & Government ➔ Law & Ethics
If it is the Father's car then the daughter didn't have the authority to settle.
Whether or not the daughter was inconsiderate has absolutely no bearing on the matter. Your wife backed into the car and she's at fault.
Talk to your insurance company and follow their directions.
2007-07-10 04:11:27 · answer #1 · answered by Jack 6 · 3⤊ 1⤋
Your wife's good intentions are not going to get you out of this mess. So unfortunately you are stuck as you have nothing in writing. Your wife just forked over $200 dollars for nothing. The kid took the $200 bucks and went shopping. Worst case scenario is that this person reported your wife as a hit and run. Then your wife would be on the hook for the charges. Then your wife would be on the hook for the damages which would be determined by estimates from body shops. Then - here is the worst part - any injuries sustained as a result of your wife hitting their vehicle. This is the most damaging part and if the other party hires an ambulance chaser attorney you are going to be living in the poor house for a LONG time. Sad but true. My advice is to get an attorney NOW. Sounds like you are going to need one.
2007-07-10 04:30:28 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yeah. You can tell him it is settled and to leave you alone. Then you should go ahead and get an attorney. The girl being inconsiderate or accepting the $200 does not mean a thing legally if the damage was more than $200. You should ALWAYS call the cops when you are in an accident. Yeah, if is your fault, your insurance will go up, but now you are legally under that girl's thumb. You don't have a legal leg to stand on as far as her taking that $200. Just make sure that is subtracted from the total in the end. Sorry.
2007-07-10 04:11:37 · answer #3 · answered by Mr. Taco 7 · 2⤊ 3⤋
Your wife intentionally hit the car? LOL ,did she pay her in cash? did she get anything signed? You are SOL.
Your wife is a pc of work. First she intentionally hits the car then says she doesnt want to involve the insurance co. I bet she didnt! What a loser.
Sounds like you need to tell your insurance company and get the other car fixed.
And I bet that if it was reversed you would be suing the heck out of the other person claiming everything you could.
2007-07-10 04:11:19 · answer #4 · answered by Run Lola Run 4 · 4⤊ 0⤋
You can't damage the property of even inconsiderate people. The matter was not settled absent a signature on a release. Determine the the additional cost of replacing the mirror or report it to your insurance company & let them handle it.
2007-07-10 04:10:16 · answer #5 · answered by Anonymous · 4⤊ 0⤋
You would have to prove that the daughter took the money and even at that, he would have a claim anyway. They could argue that it was a good faith payment for damages but being that neither your wife or the daughter are experts at auto repair and estimating that it is not payment in full. Tell your wife from now on, if she hits somebody, or vice versa, to call the police and file a report.
2007-07-10 04:09:06 · answer #6 · answered by The Oracle of Delphi 6 · 3⤊ 0⤋
If you and your wife were in my office asking what you should be doing, the first thing I would tell you is that her actions were childish and her paying ANYTHING is irrelevant without proof.
I would also then tell you to immediately file a claim with your insurance. The matter is NOT settled and the owner of the car AND the parent both have claims against your wife and the insurance company.
2007-07-10 04:14:23 · answer #7 · answered by hexeliebe 6 · 2⤊ 1⤋
Unless the girl was the registered owner of the car, she can't settle the property damage claim. Also, if she was a minor, she lacks the capacity to contract. Finally, without a signed release, you're out of luck.
2007-07-10 04:21:29 · answer #8 · answered by John W 3 · 1⤊ 0⤋
You may have an argiement if the young lady was the rightful owner of the car. My guess though is that she was not. If her father owns the vehical his daughter cannot enter into a legal contract with your wife as she has no standing to do so. Besides wouldnt the Right thing to do be to reimburse the guy for whatever loss he incurred, im sure youd expect nothing less if the tables were reversed.
2007-07-10 04:09:02 · answer #9 · answered by Anonymous · 3⤊ 2⤋
Your wife did more than $200 of damage to this guy's car. You should pay the entire cost of fixing the damage.
The matter was NOT settled when she took the cash. It will be settled when the guy has restitution for the damage caused.
2007-07-10 04:08:38 · answer #10 · answered by jargent100 5 · 7⤊ 1⤋