My friend was driving my car & got into an accident, damage is about $5k, my insurance deductable is $1k. The police report & insurance report stats my friend was 100% at fault. My friend verbally agreed to pay any cost for repair etc...but has not paid a cent, & has since stopped returning my phone calls. What are the odds of winning a judgement in small claims court?
2007-11-26 11:01:20 · 7 answers · asked by Kevin F 1 in Cars & Transportation ➔ Insurance & Registration
I am in California
2007-11-26 11:26:17 · update #1
0%. As the owner of the vehicle- YOU are responsible for who you allow to drive and for whatever happens to your vehicle (and to others) while they are driving it. Sorry, no "verbal agreement" will change this. No way will you get a cent b/c legally the owner (and not the driver) are responsible.
2007-11-26 11:11:04 · answer #1 · answered by Anonymous · 0⤊ 1⤋
I think you'll win the judgement, but collecting is a whole different story. I think it's going to end up costing you a lot more in time and money than it's worth.
And if your friend was trying to do you a favor when they were driving, well, that's not a nice way to pay them back.
2007-11-26 22:29:07 · answer #2 · answered by Anonymous 7 · 0⤊ 0⤋
First off. Your friend was not covered under you own insurance. Ask your friend or lack of friend if they have insurance. You may be primary insured if they have insurance theres would be seondary. If small claims is your last resort to claim your deductable. Then give it a try. Is the 1k worth it?
2007-11-26 21:13:21 · answer #3 · answered by Big Deal Maker 7 · 0⤊ 0⤋
Very poor really. Do you think your friend will admit in court that she agreed to pay for the accident? So it will be your word against hers. Even if you do win, all you get is a judgment saying "Yes, she owes this." It would up to you to find assets and collect on the judgment.
2007-11-26 19:46:52 · answer #4 · answered by oklatom 7 · 0⤊ 1⤋
You will probably win the judgement. As far as collecting any money, you will need to get their wages attached. It's sad when people who are "friends" treat us this way. Good luck.
2007-11-26 19:56:37 · answer #5 · answered by Otto 7 · 0⤊ 0⤋
Small Claims Court does not guarantee any money, even if the judgement is in your favor.
You just lost a friend. "A friend?" hmmmmmmmmm
2007-11-26 19:11:25 · answer #6 · answered by ed 7 · 0⤊ 0⤋
NO I DISAGREE WITH THE ANSWERS ABOVE.................
YOU HAVE A VERY GOOD CHANCE OF GETTING YOUR MONEY BACK BECAUSE THAT IS THE WHOLE PROCESS OF THE SMALL CLAIMS COURT SYSTEM, MAKING YOU WHOLE AGAIN.
I WOULD FILE THE CASE AND YOU WILL WIN, JUST REMEMBER TO TAKE ALL OF YOUR DOCUMENTS WITH YOU.
2007-11-27 09:35:51 · answer #7 · answered by Anonymous · 0⤊ 0⤋