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 Posted: Wed Mar 17, 2010 11:07 pm Post subject: Auto accident owner has no insurance wants me to pay |
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I recent had an accident in my then girlfriend's SUV. I thought she had insurnance. She is now suing me in small claims court for $4,500 worth of damages. The 1996 SUV is not valued at $4,500. What should I do.
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#Racine0822
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| Posted: Thu Mar 18, 2010 12:21 am Post subject: |
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| Ahhhh, I don't know? Pay her? |
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Trench
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| Posted: Thu Mar 18, 2010 2:01 am Post subject: |
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C'mon Trench...give the guy a break. His ex is trying to do a number on the poor guy.
To the OP, we need a little more info, specifically a couple of thing come to mind:
1. When you say your ex didn't have insurance, do you mean that she was completely uninsured OR that she didn't have the coverage in her policy that would pay for the damages?
2. Tell us about the accident. Whose fault was it? Describe the accident, but PLEASE (!!!) be BRIEF!
3. Did she still owe money on the car at that time?
Let us know what's up with those questions and we'll see what we can do. Even Trench will help- he knows what he's talking about and just yanking your chain.
InsTeacher 
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InsTeacher
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| Posted: Thu Mar 18, 2010 2:03 am Post subject: |
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Yep... and make sure the next girl you sponge off is more responsible
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DanWilliams
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| Posted: Thu Mar 18, 2010 2:15 am Post subject: |
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What you need to do is provide yourself a defense. Small Claims court does allow for discovery. I'm not sure exactly how this works in Small Claim court but most likely you'd need to send the motion to your girlfriend (certified mail) and also file it with the court. It needs to follow a certain format but SC court will be more forgiving in this regard. It might even just need to be a letter. You need to do this so many days before the trial. You could ask her for any and all documents she has supporting her loss. You will see them at court but you won't really have time to review them or work on a response.
Have you asked her for this documentation? She's going to produce it in court anyway. Perhaps she can show you that it is owed and you can agree to pay her. In court she will need to prove her case. Even if she's right, if she does not prove to the judge that you owe something, she won't get anything. So perhaps she's willing to work something out.
My guess is that it's the value of the vehicle plus other things like loss of use. Perhaps she's just asking for top dollar on everything, and then some, and will let the judge determine if it's too much. Why ask for too little when she an ask for the sky and the judge can only lower it from there.
| Quote: | | Even Trench will help- he knows what he's talking about and just yanking your chain. |
I don't think Trench was trying to be (that) funny. I think his answer is probably spot on. If the OP caused damage to the owners vehicle then he probably owes her for that damage. |
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tcope
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| Posted: Thu Mar 18, 2010 2:44 am Post subject: |
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| No I'm deadly serious. You damage someone's property, you pay for it, period. Now maybe what she asking for is too much (I am assuming you researced the value), but you still owe for the damage. You can get a defense, go to court, and you will still owe for what you damaged and have to pay your attorney on top of it. If I were in your shoes, I would try and work out a deal and come to some agreement. Her not having insurance has nothing to do with it. |
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Trench
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| Posted: Thu Mar 18, 2010 11:58 am Post subject: |
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This is really not a good one, i think she might have any automobile insurance where in she might claim to get the auto insurance for her car.
You paying up the amount is not the correct. since she was also sitting along with you, so you could better say her its not your fault. |
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dorothykinder
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| Posted: Thu Mar 18, 2010 12:04 pm Post subject: |
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OP, ok, she didn't have any insurance on the vehicle at all (that's the assumption I'm making)...did you have a vehicle with insurance on it at the time of loss? If you borrow someones vehicle...the ins on the vehicle is primary, however, if it was uninsured, your policy will step in...
You say this accident was 'recent'...when did this occur? What happened? Are their other vehicles or property involved? anyone else in the vehicle with you?
What is the yr/make/model/mileage of the vehicle? Why was it uninsured? What state are you in?
More info needed OP if you truely want some help..
..............and Dorothy, what? 
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Lori
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| Posted: Thu Mar 18, 2010 12:37 pm Post subject: |
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| Quote: | | ..............and Dorothy, what? |
My thoughts exactly |
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Trench
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| Posted: Sat Mar 20, 2010 1:06 am Post subject: insurance |
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| Quote: | Yep... and make sure the next girl you sponge off is more responsible
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You don't know WHY the guy was driving his girlfriend's car. So, I don't think that's a fair statement to make. However....I DO think he needs to pay for the damages. |
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sdchargersfan
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