Ivan Velazquez: If friend didn't file grand theft auto charges against the roommate, AND left the keys there, then roommate legally had permission.She will probably be able to get a judgement against the friend, for the accident, HOWEVER, that's not the same thing as getting money, and it doesn't transfer over to the person SHE owes the money to.Also, that lawyer is going to charge HER, about $250 an hour, to sue. So. Her call....Show more
Russ Kiernan: I don't see how the owner could be responsible for someone taking the car without her permission.However, how did the driver get the keys? I am not an expert but I guess that maybe a court would need some convincing about the owner's "no permission" claim.I think your friend nees proper legal advice....Show more
Bibi Tyron: I told my friend multiple times to file Grand Theft charges but she never did. The roommate has no car.The roommate is 32, on disability and therefore has no job.My friend just found out! today that the roommate plans to sue her for medical bills for her back and neck. The thing is though is that the roommate never went to the hospital or any other medical place after the accident. The back and next problems occured a long time ago and that is why she is on disability....Show more
Chastity Doderer: No. The person driving is personally responsible for the damage to the other persons car. She also took a car without the owner's permission - theft.She drove without permission - several £100 s fine and points on her licence in Uk.She is personally responsible for the damage to your friend's car.I don't think we''ve got the whole story here!Your friend needs a lawyer and the cost will go on top of the driver's fine....Show more
Malcom Fenoff: since she TOLD the roomate that there was no insurance on the car but the roomate drove it anyway... the first thing I would have done upon finding out she drove it was to have had her ARRESTED for grand the! ft auto because that is EXACTLY what the roomate did by taking! the car after explicitly being told not to drive it.... Second, of COURSE I would take the roomate to court to recover the damages to BOTH cars... but, if the damages are over $5000, it cannot be in Small Claims Court.... now, the problem with THIS is.... once a judgement is served on that roomate for payment and that roomate decides NOT to pay, it would be the CAR OWNERS RESPONSIBILITY to go after the roomate and file a judgement against her to have her wages garnished... ALL at the expense of the car owner.... The other thing the car owner did that was wrong was once the insurance was GONE on her car, she was obligated BY LAW to remove the license plates and return them to Motor vehicles... so, good luck recooping any of your money back....next time, get more trustworthy roomates and if you are purposefully letting insurance run out- -RETURN THE LICENSE PLATES TO DMV.......Show more
Marcellus Yoshimori: The first thing she should have done was called the pol! ice and filed a theft report. Then cooperated in the prosecution of the roommate for theft of the vehicle. Does the room mate have a car? Is she listed on an auto policy anywhere? If so, that policy may provide coverage for your friends car. (if the police don't consider it stolen). The liability and collision coverage under the roommates policy would apply to your friends car as a substitute automobile.Barring that...you bet I'd consider suing the roommate. But in order to collect on the judgment, the roommate has to have assets and the ability to pay.EDIT: as far as the roommate suing your friend for her meds-- great! Go ahead. Your friend will counter-sue for the damaged vehicle and the roommate will get zip.Here's why- in order for the roommate to recover for her injuries - your friend has to be negligent. And that negligence has to be the proximate cause of the accident.Now....did your friend cause the roommates injuries? No.BUT: roommate was the one with the fanny in! the driver seat. Roommate was the one with the hands on the st! eering wheel and foot on the pedals.In short -the roommate had control of the automobile. The roommate was the one who operated the automobile in a negligent manner that resulted in injuries to herself and others. The roommate was negligent and that negligence is the cause of her injuries.Just say for a moment...the car had insurance. Do the roommates injuries still happen? Yep. Therefore, the presence or absence of insurance is not the cause of the injuries. If the car had insurance....would the liability insurance have paid the roommate for her injuries? Nope. You can't be at fault and collect under the car's liability coverage. You can't be liable to yourself. You can't go to court and sue yourself for your injuries that were caused by your negligent actions. The roommate is mouthing off.She's also shown herself to be a pretty lousy friend. Your friend did her a big favor by not charging her with theft of the vehicle....and now it's probably too late to do it. She's a! lso judgment proof. Which means, if your friend sues...Hades will freeze over before your friend collects a dime.Your friends best bet may to file in small claims court. The courts authority may not be enough to cover all the damages, but small claims (Judge Judy stuff) does not require an attorney and can be done relatively cheaply.As part of the evidence, make sure your friend has a copy of the police report, any documentation she has showing she told the roommate not to drive the car as it did not have insurance and photos/estimates of the cars damage. She can also provide the docs she has showing what she has to pay the other driver. Remember, if she files...she has to prove her case. Your friend can get information on small claims by speaking with the clerk of court for the magistrates court. I assume you have told your friend that had she filed the theft charges as soon as she found out the car was taken.....most of this cr@p could have been avoided? Then the other ! cars would have pursued the driver (not the owner) for their damage and! your friend would have good strong evidence to go after roommate for the damage to the car.Since she did not file a police report for theft...I question if the car was actually stolen....Show more
Shaunta Paap: right it particularly is the way it works. with the aid of regulation, in maximum states, the coverage business company can't fix your motor vehicle if the maintenance exceed 70 to seventy 5% era. So say your motor vehicle is properly worth $10,000, and if the maintenance are $7,six hundred, it exceeds even the seventy 5% rule, to that end with the aid of regulation, they won't be able to repair the vehicle, yet purely entire it and pay you the fee of the vehicle. You state they have been given ridiculous estimates, yet have self assurance me, they have estimators that may seem at them and get them lots decrease if a danger. most of the time people will ***** that the estimates are too low and ***** that they have an estimate it is two times what the coverage ! business company has gotten. coverage companies decide to repair a motor vehicle vs totaling it. because of the fact that whilst totaled, they're caught with a motor vehicle that they're going to sell for salvage and that they lose greater that way. My guess on the $a million,3 hundred you would be out of pocket may be the version on your loan stability and your deductible with Geico. If the different adult males coverage does certainly settle for fault for this twist of destiny, they're going to reimburse your deductible and additionally you would be out of pocket the quantity nonetheless left on your loan. Do you have hollow coverage? i'm guessing not, in any different case hollow would %. up the version of your loan. you will have paid $10,4 hundred for this motor vehicle, yet you OVERPAID once you got it, so now with depreciation, you will owe any magnificent stability on your motor vehicle loan which you do not acquire the two from Geico or from the different coverage ! business company. PD (sources harm) is black/white, so whether you have! been to sue the guy who hit you, once you pass to court docket, the choose will purely pay you the fee of your motor vehicle on the time of the twist of destiny, not what you owe on your loan. The coverage business company and/or the guy who hit you owes the fee of your motor vehicle era, not greater/no much less. that's particularly helpful to attend to ascertain if the different business company accepts fault and in the event that they'd grant you greater beneficial than Geico, yet maximum in all probability whether they do, it might purely be a pair hundred greater beneficial than Geico. yet because of the fact which you have the apartment for a million greater week, would would desire to come to a decision quickly or have not any motor vehicle topersistent in any respect. good success...Show more
No comments:
Post a Comment