My state is Virginia.
On april 18th (2006) I backed out of my garage to find my sons friend had parked sideways in front of both of my garage bays. Obviously, I backed into his rear bumper. The extent of the damage was some paint that was scraped off at the corner of the wheel well. I immediately showed him the damage and told him I would take care of the repair. He told me not to worry about it, but I insisted. He said he could take it to a friend that does paint work and it would probably be about a $100 if that. I told let me know. Fast forward to June 26, 2006. He tells me his friend couldn't do it but he went by and had a body shop give him an estimate. That estimate was for $785. At this point he was no longer a friend of my sons and I could tell that he was trying to take me to the bank. I offered his dad to let me take it and get it fixed at a friends body shop that has been in the business 30 years. This would save me the out of pocket money because I could trade out the favor. He told me to work out the logistics with his son of getting the car to the body shop. I immediately called his son who asked to do it the following week. I left him my cell phone number, home number and asked him to call me when it was convenient for him to meet me. He agreed. Fast forward: February 2007- I get a call from his father who said he would like to settle up on the car. I asked him to bring the car to the body shop to be repaired. He informed me that he no longer had the car that the car had been totaled. He wanted me to pay for the damage that the insurance company did not reimburse him for when the car was totaled. I told him that I thought we agreed that I would get it fixed. He said either settle or go to small claims court.
Today I received a subpeona to go to court and to pay the full amount for the full estimate plus court costs , plus 6% interest for the months since the accident. At this point, if I wante to, I can't turn it in to my insurance company, because he no longer owns the car.
Please advise. What is my liability?
On april 18th (2006) I backed out of my garage to find my sons friend had parked sideways in front of both of my garage bays. Obviously, I backed into his rear bumper. The extent of the damage was some paint that was scraped off at the corner of the wheel well. I immediately showed him the damage and told him I would take care of the repair. He told me not to worry about it, but I insisted. He said he could take it to a friend that does paint work and it would probably be about a $100 if that. I told let me know. Fast forward to June 26, 2006. He tells me his friend couldn't do it but he went by and had a body shop give him an estimate. That estimate was for $785. At this point he was no longer a friend of my sons and I could tell that he was trying to take me to the bank. I offered his dad to let me take it and get it fixed at a friends body shop that has been in the business 30 years. This would save me the out of pocket money because I could trade out the favor. He told me to work out the logistics with his son of getting the car to the body shop. I immediately called his son who asked to do it the following week. I left him my cell phone number, home number and asked him to call me when it was convenient for him to meet me. He agreed. Fast forward: February 2007- I get a call from his father who said he would like to settle up on the car. I asked him to bring the car to the body shop to be repaired. He informed me that he no longer had the car that the car had been totaled. He wanted me to pay for the damage that the insurance company did not reimburse him for when the car was totaled. I told him that I thought we agreed that I would get it fixed. He said either settle or go to small claims court.
Today I received a subpeona to go to court and to pay the full amount for the full estimate plus court costs , plus 6% interest for the months since the accident. At this point, if I wante to, I can't turn it in to my insurance company, because he no longer owns the car.
Please advise. What is my liability?