MD - Friend crashes my car, claims to only owe half

[bgfield]

A few months ago a friend and I went out to a movie and drinks. Before we left, we'd discussed that he would be my designated driver if I got drunk (he doesn't drink anyway so he had no problem with that). At the bar, I have a few drinks, enough to push me past the point of being able to drive legally. We end up leaving and going to a different bar after awhile, and when we get there, he parks my car but parks it over the line. Not wanting to get a ticket for his bad parking, I tell him to back out and straighten himself up. He does so, but in the process he goes too fast and backs up into a lightpole behind us.

I end up getting the car fixed by a friend, all totalled the bill is about $460. I got the car fixed in mid April and haven't seen a cent since. I tried to remain respectful of the fact that he had a kid on the way so wasn't pressuring him too hard yet to pay me back. Finally, today I speak with him, and he says he'll start paying me back when he gets his next check. Then he tells me (before warning me that it's going to piss me off) that he's been "talking to some people" and that he believes, from a legal standpoint, he only owes me half of the bill since he "saved me" from getting a DUI (apparently, he believes I would have gone out without a designated driver).

I've never heard of any rule like this, but I'm not a lawyer and figured I should ask experts. I have to assume this guy is just full of crap. Is he right? Does he truly only owe half?

Secondly, we ended that conversation with harsh words (mainly coming from me). I informed him that if he truly believes he only owes half, I'll take him to court to get the full amount. Now, he's since moved away to Florida. What happens if I make a claim against him, now that he lives so far away? How would that work and what happens if he refuses to show up? Is there anything I should know before I attempt to file a claim?

Thanks in advance.

 

[Happy Trails]

A few months ago a friend and I went out to a movie and drinks. Before we left, we'd discussed that he would be my designated driver if I got drunk (he doesn't drink anyway so he had no problem with that). At the bar, I have a few drinks, enough to push me past the point of being able to drive legally. We end up leaving and going to a different bar after awhile, and when we get there, he parks my car but parks it over the line. Not wanting to get a ticket for his bad parking, I tell him to back out and straighten himself up. He does so, but in the process he goes too fast and backs up into a lightpole behind us.

I end up getting the car fixed by a friend, all totalled the bill is about $460. I got the car fixed in mid April and haven't seen a cent since. I tried to remain respectful of the fact that he had a kid on the way so wasn't pressuring him too hard yet to pay me back. Finally, today I speak with him, and he says he'll start paying me back when he gets his next check. Then he tells me (before warning me that it's going to piss me off) that he's been "talking to some people" and that he believes, from a legal standpoint, he only owes me half of the bill since he "saved me" from getting a DUI (apparently, he believes I would have gone out without a designated driver).

I've never heard of any rule like this, but I'm not a lawyer and figured I should ask experts. I have to assume this guy is just full of crap. Is he right? ***No Does he truly only owe half? ***No

Secondly, we ended that conversation with harsh words (mainly coming from me). I informed him that if he truly believes he only owes half, I'll take him to court to get the full amount. Now, he's since moved away to Florida. What happens if I make a claim against him, now that he lives so far away? How would that work and what happens if he refuses to show up? Is there anything I should know before I attempt to file a claim?

Thanks in advance.

You would have to have him properly served. Then if he did not go to court to defend himself, you most likely would get a default judgment awarded to you. Then you would have the joys of trying to collect it.

 

[bgfield]

You would have to have him properly served. Then if he did not go to court to defend himself, you most likely would get a default judgment awarded to you. Then you would have the joys of trying to collect it.

Thanks for the speedy response. I've always wondered about that - if we go to small claims court and I'm awarded all $460, how DO I go about collecting my money, and what happens if he continues to avoid paying me back?

 

[Happy Trails]

Thanks for the speedy response. I've always wondered about that - if we go to small claims court and I'm awarded all $460, how DO I go about collecting my money, and what happens if he continues to avoid paying me back?

That's the joyous part I was referring to.

It makes it even more complicated since he now lives in a different state.

Does he have any property in your state?

I'll have to do some research for more specific information on your state's options on collecting.

 

[bgfield]

That's the joyous part I was referring to.

It makes it even more complicated since he now lives in a different state.

Does he have any property in your state?

I'll have to do some research for more specific information on your state's options on collecting.

Nope, sadly. He doesn't even own a car (or we would have taken HIS car the night of the accident, more than likely). I know my father had an incident where his car was stolen and the person who stole it was caught and forced to pay my dad's deductible for his insurance (who had already listed the car as a total loss when they caught the guy). My dad said the guy paid the state of Maryland an amount every month, who then sent him a check. But like you said, since he's out of state now, that just complicates the matter.

 

[Happy Trails]

Nope, sadly. He doesn't even own a car (or we would have taken HIS car the night of the accident, more than likely). I know my father had an incident where his car was stolen and the person who stole it was caught and forced to pay my dad's deductible for his insurance (who had already listed the car as a total loss when they caught the guy). My dad said the guy paid the state of Maryland an amount every month, who then sent him a check. But like you said, since he's out of state now, that just complicates the matter.

IMO, if he offers you a check for half the money, I'd take the money.

Since this isn't a large amount it will cause you a lot of frustration and time to try and enforce a judgment when the defendant is in a different state.

You could also hope he moves back to MD and if it is still within the SOL sue him.

http://www.courts.state.md.us/district/selfhelp/civil.html

 

[bgfield]

IMO, if he offers you a check for half the money, I'd take the money.

Since this isn't a large amount it will cause you a lot of frustration and time to try and enforce a judgment when the defendant is in a different state.

You could also hope he moves back to MD and if it is still within the SOL sue him.

http://www.courts.state.md.us/district/selfhelp/civil.html

Well, for me at this point in my life, $460 is a significant amount of money. Not only that, he wasn't offering a check for half at that point, he was still thinking of a payment plan (which, initially, I was fine with, maybe $25-$50ish a month). And I know he's not planning on moving back up here anytime soon; he moved to Florida to be with his girlfriend and her family when she was going to have their baby. And honestly, at this point, I'm willing to go through all the hassle it takes to make sure he pays back every last cent. I don't appreciate "friends" trying to weasle their way out of money they owe me.

Thanks for the link - I'm going to read that over.

 

[bgfield]

Okay, one more question. If this does end up going to court, there's only one thing I can think of that might hurt me. I have no proof that HE was the one who crashed my car. I know his mother knows, but I doubt his mother would be willing to assist me in any way (and I don't blame her, honestly). A mutual friend knew about this but apparently he changed his number recently and I can't get ahold of him. There were no actual witnesses to the accident. What I do have is the bill for the repairs and pictures of my car and the damage to it taken the day after the accident, though neither of those proves anything other than I had a damaged car and got it repaired.

So what happens if he shows up to court and claims he never even drove my car? At that point, would I be out of luck?

 

[Happy Trails]

Well, for me at this point in my life, $460 is a significant amount of money. Not only that, he wasn't offering a check for half at that point, he was still thinking of a payment plan (which, initially, I was fine with, maybe $25-$50ish a month). And I know he's not planning on moving back up here anytime soon; he moved to Florida to be with his girlfriend and her family when she was going to have their baby. And honestly, at this point, I'm willing to go through all the hassle it takes to make sure he pays back every last cent. I don't appreciate "friends" trying to weasle their way out of money they owe me.

Thanks for the link - I'm going to read that over.

I hear what you are saying, and I have sued for less.

However, the problem with winning and then collecting from him in his state you would need to get the judgment "Domesticated" in his state.

Unless, he goes a long with the judgment and makes the payment willingly.

 

[bgfield]

I hear what you are saying, and I have sued for less.

However, the problem with winning and then collecting from him in his state you would need to get the judgment "Domesticated" in his state.

Unless, he goes a long with the judgment and makes the payment willingly.

I assume domesticated just means it'd make the ruling relevant in Florida as well as in Maryland? Is that a difficult process? I don't mind putting in the time; I've got the "what's right is right" mentality now and will scrape and claw to see that he pays what he owes

 

[Happy Trails]

I assume domesticated just means it'd make the ruling relevant in Florida as well as in Maryland? Is that a difficult process? I don't mind putting in the time; I've got the "what's right is right" mentality now and will scrape and claw to see that he pays what he owes

You can Google Florida's procedure - try: Florida Enforcement of Foreign
Judgments Act (FEFJA).

I'm signing off for now, we had a tree blow down and I have to help clean it up.

 

[bgfield]

You can Google the Florida's procedure - try: Florida Enforcement of Foreign
Judgments Act (FEFJA).

I'm signing off for now, we had a tree blow down and I have to help clean it up.

Sounds like a fun way to spend your Saturday evening

Thanks a lot for all your help - it's given me a lot of confidence that I can get this thing settled fairly, even if I have to work at it a bit.

 

[bgfield]

Okay, one more question. If this does end up going to court, there's only one thing I can think of that might hurt me. I have no proof that HE was the one who crashed my car. I know his mother knows, but I doubt his mother would be willing to assist me in any way (and I don't blame her, honestly). A mutual friend knew about this but apparently he changed his number recently and I can't get ahold of him. There were no actual witnesses to the accident. What I do have is the bill for the repairs and pictures of my car and the damage to it taken the day after the accident, though neither of those proves anything other than I had a damaged car and got it repaired.

So what happens if he shows up to court and claims he never even drove my car? At that point, would I be out of luck?

This is the big question right now - if anyone can provide advice it'd be very much appreciated!

 

[alnorth]

This is the big question right now - if anyone can provide advice it'd be very much appreciated!

Then you probably lose unless the judge decides to believe you.

However, think about it. He lives in Florida and would have to come all the way to MD to defend. It would cost him about as much for the trip. He wont show up, and youll get a default judgement.

 

[outonbail]

I have to agree with Happy Trails on this one. If he is actually willing to pay half the bill, thank him for his generosity and take the money. That is probably your only chance of ever recovering anything for this incident.

As far as him saying he never even drove the vehicle, I wouldn't expect that approach as he wouldn't know who you had as a witness to testify to his driving. However, I would expect him to claim one of two things. First and most likely, that he was trying to take you home and you demanded to be taken to another bar. Then when you arrived you didn't like where he was parked and instructed him to move the car. He did this following your instructions and your guidance as he couldn't see where you were telling him to back up to. He will probably claim that his mistake was listening to you while you were in a drunk stupor and following your instructions to back the car up into a light pole. This doesn't release him from the liability of damages caused while he was in control of the vehicle, but I could see where he would have a good chance of being ordered to only pay for half of the damages.
The other possibility would be that he claims he parked the car and you were unhappy with where he parked for whatever reason. So then you were the one who got behind the wheel to move it and backed into the light pole and if you weren't so drunk you would remember this happening. In fact, he was going to just leave you there and go home but being concerned for your safety and the safety of other people on the road who would be in danger if you were to get behind the wheel, he stayed to make sure you got home safely and now this lawsuit, for damages he didn't cause, is how he is being thanked for his kindness.
Either way, the fact that you were drunk is never going to help your case and you can be sure he will use this to his advantage. You have to realize, that when a judge is confronted with two people giving different accounts of an event, they rarely side with the person who was admittedly drunk at the time of the event, especially when the other person was, by all accounts, completely sober.
Anyway, what everyone here is telling you is that now that this person lives in Florida, you are going to go through an awful lot of hassle to even have him served and bring him to court. Then, if you do accomplish all of this and were somehow able to convince a judge that even though you were under the influence of alcohol, your memory of the event is clear and your rendition the truthful one, so you were awarded the full amount you are asking, your chances of actually collecting from him are slim to none.
Even if you were able to collect the judgment, it would probably cost you more to go through the process of collecting it, than you will be collecting.
I know, it's the same old story, "It's the principal" but you know what, the principal isn't usually a very good reason to throw good money after bad. It's a foolish motivator that foolish people try to use as a rational excuse for their irrational actions, which often bring them to file these "sour grapes" type of law suits. Don't let yourself get caught up in that fruitless trap of reason.

Not that I believe that you're about to change your mind on my opinion, but I get the feeling there may be a little more to this entire story than you posted. But even so, you're probably wasting your time if you do anything other than try to remain on good enough terms with this person, so he will keep his promise to pay half the bill. If this amount of money is such a substantial debt to you, you shouldn't be throwing more money away on trying to collect from this guy anyway, which is what you will almost certainly end up doing.

BTW, you haven't actually mentioned it, but did you in fact already pay the money to the friend who fixed your car or are you waiting to collect from friend A before you pay friend B?