another person drove my car, had an accident and refuses to pay

[nbarnhil]

I am from Indiana, and I let my roommate take my car in November to do her student teaching in another town. While she was in the parking lot of the school, she hit a pole and cracked and scraped my bumper. She did not call the police and file a police report at the time of the accident, so one does not exist, but she does admit to doing it. I just recently got an estimate for $787 and she refuses to pay it because it is my car, and she feels it was my fault for letting her take it. She says the only way she will pay is if I take her to court. My question is, how will my case hold up in a court of law if she admits to doing it? Can I sue her for the estimate amount, court cost and rental car fees, or any of these at all?

 

[I AM ALWAYS LIABLE]

I am from Indiana, and I let my roommate take my car in November to do her student teaching in another town. While she was in the parking lot of the school, she hit a pole and cracked and scraped my bumper. She did not call the police and file a police report at the time of the accident, so one does not exist, but she does admit to doing it. I just recently got an estimate for $787 and she refuses to pay it because it is my car, and she feels it was my fault for letting her take it. She says the only way she will pay is if I take her to court. My question is, how will my case hold up in a court of law if she admits to doing it? Can I sue her for the estimate amount, court cost and rental car fees, or any of these at all?

My response:

She's not very smart. First of all, she doesn't have to pay a dime until a court says so; and it will.

Second, when you get the judgment (and you will), the judgment goes on her credit history.

Third, when you get the judgment, you'll be able to execute against her bank accounts, and have her wages garnished.

Fourth, with an excuse like "You shouldn't have let me take the car", she's an idiot. And this is the type of person that will be teaching our children ? So, using her "pretzel logic", if I asked her if I could use one of her dresses, and then went on a date with Boris, and Boris tore the dress trying to get to my "good stuff", and then I returned the dress to her in a torn condition, all I would have to say is that I'm not responsible for the dress because it doesn't belong to me, and that she knew that Boris was an "animal" and loved to get to my "good stuff" and loved tearing my clothes off me? Therefore, I'm not responsible for the dress? That's not the way it works, in law or in the real world.

You'll easily win your costs of court and your repair costs, and car rental costs.

Remember, write her a Certified Letter detailing all of your costs, and fees, and give her a time limit to make payment. Also remember to bring your copy of that letter with you to Small Claims court.

Good luck.

IAAL

[Edited by I AM ALWAYS LIABLE on 03-04-2001 at 08:48 PM]

 

[Joshua1622]

I am from Washington State. I am in a similar situation except I was the one driving the car. The accident was not my fault. A pickup truck who had blocked his mirror views, backed into the borrowed car I was driving. He has admitted fault and said he would pay for the damage out of pocket. He has since refused and filed for bankruptcy. Meanwhile the owner of the car said he didn't want money from me, only from the guy who caused the accident. Now that he sees that he is not going to pay, he wants me to pay and is taking me to small claims court. The amount he is asking is way more than the damage caused to the car. The owner had given me an *estimate*...he never had the car fixed and has since traded it in on a new car. I had the one estimate and it would not photocopy, so I sent it the the guy who caused the accident and he has since lost it. My questions are:

1.) How many estimates are legally required? (I have heard a minimum of 3)
2.) Am I truly liable in this situation?
3.) In small claims court, can one ask for personal damages (such as hassle of time and energy) or is it just for the property, in this case the bumper of the car?

 

[racer72]

1622, the answers to your questions. 1) Under normal circumstances, a person may get up to 3 estimates. But you could have gotten 3 estimates yourself if you felt the one was out of line. 2) Yes, you are liable. Under normal conditions, when something is loaned it is expected to be returned in the same condition. But the original vehicle owner should be suing the other party also. 3) Small claims court in Washington state only allows for actual claim amounts. In this case it would apply to the cost of a replacement bumper and the installation of the bumper. If the person suing wants money for the "hassle of time and energy", he will have to sue in superior court, even if the amount is below the $2500 limit for small claims court. And if he no longer owns the vehicle, you should only be responsible for the difference in the trade in amount between a car with a good bumper and the one with the bent bumper. And if it was an older vehicle (more than 12 years old), it probably made no difference in the trade in amount. Also, you say the person who hit you filed for bankruptcy. Did he include you or the owner of the vehicle in the bankruptcy? If you are not listed as a creditor in the bankruptcy (you would have been served bankruptcy papers) you may sue this person. And if his bankruptcy has been granted, he will have to pay, he can't hide behind the bankruptcy.

 

[Joshua1622]

Racer72, thank you for your input. I have called a few auto body shops about getting an estimate for replacing a bumper, but they all say it is illegal for them to do so without seeing a physical car, which I don't have to show them. I talked to the King County Small claims court today and she said (she is a secretary, not a judge or such) it is up to the judge to decide if a monetary claim above and beyond the property-damage claim is valid or not...it is up to the judge to decide whether or not "time and hassle" is valid for financial reimbursement. Maybe she doesn't know what she is talking about, or maybe there are gray areas to this rule. The person who hit me said he filed for bankruptcy yesterday and should be on record today. When I called the bankruptcy court, they must have been out to lunch, as there was no answer, so I will have to wait till Monday for the answer. Unfortunately, I did list myself as a creditor on his bankruptcy...I don't know if there is a way to remove myself from the list or not.

I think my strongest point in this case is the fact that the person who hit me did not have car insurance. In Washington state, the insurance follows the car, so the owner of the car I was driving should have had his insurance pay for the damages. When asked about this, he balked, saying that that would make him at-fault for the accident, which he strongly refuses. He doesn't see that making a claim on your own insurance doesn't automatically make you at fault for something...I don't get his logic. The car was a 1991 Ford Taurus that he traded in. Even though it is not a 12+ year old car, the trade in difference should be little. Instead of making an insurance claim or going after the other guy, he has decided to sue me. When the accident first happened, he was very nice and said (unfortunately I don't have this in writing) that he did not want any money from me. He said this several times and now I am being sued by him.

I have another question:

Is there a legal way (what I've tried hasn't worked) to get an estimate either for the cost of repair of the bumper or for the trade-in difference value? Would this "theoretical estimate" be valid evidence in court or merely for my own reference?

 

[racer72]

What I would do. Have the previous owner sign a statement that he refused to turn in the claim for the damage to his insurance company. If he would have filed a claim with his insurance, they would have gone after the person that caused the damage and it would not have any affect on his insurance premiums. If he refuses to sign, bring the letter to court and bring it up to the judge. Because the vehicle owner no longer owns the vehicle and refused to follow proper procedures, there is a good chance the case will be dismissed. If the case is heard at the Regional Justice Center in Kent, the judge is very fair. Also, the truck owner cannot list you as a creditor on his bankruptcy petition unless one of two things have happened. You either have to have a judgement from a court against him or you have sent him a letter demanding payment for the damage to the car. If you are listed as a creditor, you will receive paperwork from the bankruptcy court about 2 weeks after the paperwork is filed. You then would challenge the dismissal in writing to the court and you will have to appear at the hearing. The hearing judge will ask if there is anyone opposed to having the debts dismissed. You would then protest the dismissal and use the letter sent to the court as the reason why. The judge will probably have already read the letter and have his mind made up. If the judge agrees, he will either allow the debt to stand or he will have it struck from the bankruptcy which would allow you to seek legal remedy. If the judge allows the debt to be dismissed, you are S.O.L. I live in King County myself and have been a frequent visitor to various courts lately.

 

[Joshua1622]

Racer72, thank you for all your great help. I understand you are not yet a lawyer, but the fact you live in KC and are studying law and willing to help is very comforting.

I will write the letter to the car owner requesting he sign that he refused to make an insurance claim. I've never done any of this legal stuff before...I didn't know you could do such a thing. I always figured, why would this guy want to help me out, but it makes sense that if he doesn't, I can show that to the judge. My case is to be heard in KC District Court - Renton Division. There are two judges there. I imagine we cannot say judges names on this forum and say anything about them, but generally, do you have any experience with either of these judges? Also, highly recommended by both of these judges is the Dispute Resolution Center - a free outside agenecy for mediation. Do you have an opinion about this place?

 

[racer72]

I live in rural KC near S.I.R. and have never had the opportunity to visit the Renton court. I am usually at the RJC or Aukeen court in Kent. Don't know the judges in Renton either. The Dispute Resolution Center can be a great way to avoid court. Both parties have to agree to it and abide by the decision. The only drawback is that you cannot appeal the decision that is made there in court. Also, most decisions made there do not involve monetary disputes. I have never been there so I am not sure of how it operates. Can't find much about it on the web either.