Author Topic: Question of legal nature  (Read 1835 times)

Offline MarineUS

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Re: Question of legal nature
« Reply #15 on: August 30, 2011, 03:20:36 PM »
The truck DID have insurance on it. Liability insurance. I was paying for the insurance while he drove it.

yeah thats what I figured

loan: $6500
repair: $4000

and you want to pocket the $2500 difference. is this greed or just total lack of honour?
Don't accuse me in not having honor. I still open doors for people, pull the chair out for my lady, and have a FIRM belief in the Marine Corps Values. HONOR, COURAGE, COMMITMENT.

It's GREED on his end that he used my vehicle, totaled it out and then wants all of his money back. If that is O.K. can I come to YOUR house, Holmes; loan you $50, borrow your computer and set it on fire, then demand all of my money back? I bet not.

Idk if you missed it or not BUT - I offered to pay him THREE THOUSAND dollars IF he offered to help fix it. (NOT even PAY to help fix it - just put in TIME.). SO using YOUR math HE gets 3 grand and I get nothing but a huge repair bill.
« Last Edit: August 30, 2011, 03:22:23 PM by MarineUS »
Like, ya know, when that thing that makes you move, it has pistons and things, When your thingamajigy is providing power, you do not hear other peoples thingamajig when they are providing power.

HiTech

Offline RTHolmes

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Re: Question of legal nature
« Reply #16 on: August 30, 2011, 03:22:19 PM »
how do you justify keeping his $2500?
71 (Eagle) Squadron

What most of us want to do is simply shoot stuff and look good doing it - Chilli

Offline MarineUS

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Re: Question of legal nature
« Reply #17 on: August 30, 2011, 03:22:44 PM »
You didn't answer my question, bud.

EDIT: I'll be nice enough to answer yours though.

I justify it this way: I am keeping it in order to help pay for the damages and reinstall the toolbox and stereo he STOLE from me. The stereo and speakers run about 1300 bucks, the tool box is another grand. THEN I have to pay someone to come inspect it. SO in short, HE would owe ME money using YOUR math. The guy quoted me $300 to come inspect it and get me a new title. Not to mention I also have to get a new tag and reinstate the insurance after I had to cancel. I still have that fee to pay.

All of this caused when he wrecked it. So along with repairs.
4000 Repair
1300 Radio and speakers
1000 Tool Box (automatic tool box)
300 Inspection
140 Reinstatement Fee
+25   Tag
$6765


6765 > 6500

At this point - according to your math, Mr. "I'm full of honor" - he is in debt to me.
« Last Edit: August 30, 2011, 03:36:14 PM by MarineUS »
Like, ya know, when that thing that makes you move, it has pistons and things, When your thingamajigy is providing power, you do not hear other peoples thingamajig when they are providing power.

HiTech

Offline RTHolmes

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Re: Question of legal nature
« Reply #18 on: August 30, 2011, 03:26:19 PM »
ok I'll answer. no you cant.

now how do you justify keeping his $2500?
71 (Eagle) Squadron

What most of us want to do is simply shoot stuff and look good doing it - Chilli

Offline MarineUS

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Re: Question of legal nature
« Reply #19 on: August 30, 2011, 03:27:39 PM »
Exactly what I thought.


and done  - read my previous post.
Like, ya know, when that thing that makes you move, it has pistons and things, When your thingamajigy is providing power, you do not hear other peoples thingamajig when they are providing power.

HiTech

Offline Belial

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Re: Question of legal nature
« Reply #20 on: August 30, 2011, 03:35:15 PM »
It's your fault for letting someone drive it regardless of who it was with only liability insurance.

Don't borrow money from your friends.

You still should pay him back it wasn't his fault he got in a wreck which should have been covered by insurance.

Life lesson learned i hope.

If you skimp on anything in life don't skimp on insurance.

Offline 68ZooM

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Re: Question of legal nature
« Reply #21 on: August 30, 2011, 03:39:58 PM »
your making it sound like he wrecked the truck on purpose to justify to yourself for not paying him back, was it not an accident?   if you want the truck fixed then sue him for repairs, if he wants his cash back then it sounds like he will have to sue you to get that back. both seperate legal issues i'm affraid.



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Offline MarineUS

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Re: Question of legal nature
« Reply #22 on: August 30, 2011, 03:40:04 PM »
It's your fault for letting someone drive it regardless of who it was with only liability insurance.

Don't borrow money from your friends.

You still should pay him back it wasn't his fault he got in a wreck which should have been covered by insurance.

Life lesson learned i hope.

If you skimp on anything in life don't skimp on insurance.

I was making 350 bucks every two weeks, feeding four people and driving 50 miles a day for work....

explain to me how I could afford a $425 Insurance payment (That's what it would have been with my company for full coverage. They told me with my package either none or all of my vehicles had to get the same plan).

$700 a month.

50 a week for gas.
375 a month for groceries
400 on rent

That's already over drawing on me. I was having to borrow money from my mom to keep afloat until my second job kicked in.







your making it sound like he wrecked the truck on purpose to justify to yourself for not paying him back, was it not an accident?   if you want the truck fixed then sue him for repairs, if he wants his cash back then it sounds like he will have to sue you to get that back. both seperate legal issues i'm affraid.


How am I making it sound like he wrecked on purpose? I'm just ticked he is demanding 6500 bucks after he wrecked my truck. Was it an accident? Yes.   As the driver of the vehicle, was he at fault? Yes.  On the ticket was he considered guilty? Yes.

I wouldn't demand money back after I totaled someone's vehicle. Especially when it was their only primary means of transportation. (My other car - WHICH HAS YEARS OF WORK PUT INTO IT - is a SHOW car. Was in Street Custom's Magazine. It's not a daily driver. Matter of fact, 2 days after he totaled my truck, I wrecked this car when I hit 3 deer at once taking someone home from work at 1:45AM). Both are sitting in the yard at this point, and neither will be hitting the road any time soon.



« Last Edit: August 30, 2011, 03:46:19 PM by MarineUS »
Like, ya know, when that thing that makes you move, it has pistons and things, When your thingamajigy is providing power, you do not hear other peoples thingamajig when they are providing power.

HiTech

Offline RTHolmes

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Re: Question of legal nature
« Reply #23 on: August 30, 2011, 03:43:08 PM »
ok so your costs arent $4000 but $6765, that makes a big difference. my apologies for questioning your honour. :salute
« Last Edit: August 30, 2011, 03:49:26 PM by RTHolmes »
71 (Eagle) Squadron

What most of us want to do is simply shoot stuff and look good doing it - Chilli

Offline ink

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Re: Question of legal nature
« Reply #24 on: August 30, 2011, 03:44:39 PM »
I was making 350 bucks every two weeks, feeding four people and driving 50 miles a day for work....

explain to me how I could afford a $425 Insurance payment (That's what it would have been with my company for full coverage. They told me with my package either none or all of my vehicles had to get the same plan).

$700 a month.

50 a week for gas.
375 a month for groceries
400 on rent

That's already over drawing on me. I was having to borrow money from my mom to keep afloat until my second job kicked in.

damn 400 for rent...... :O

im in a tiny cabin and its over 800 a month :cry

Offline MarineUS

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Re: Question of legal nature
« Reply #25 on: August 30, 2011, 03:48:00 PM »
The only reason it was 400 for rent was because I was close friends with the owner of the house (who has now passed away....and have a**holes for children.). My rent is now 800 bucks a month...time to move.

ok so your costs arent $4000 but $6765, that makes a big difference. my apologies for questioning your honour.
It's fine. I just don't consider those repairs since I could go pick them up (if he would let me :/ ). :P
 :salute
Like, ya know, when that thing that makes you move, it has pistons and things, When your thingamajigy is providing power, you do not hear other peoples thingamajig when they are providing power.

HiTech

Offline ink

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Re: Question of legal nature
« Reply #26 on: August 30, 2011, 03:50:50 PM »
The only reason it was 400 for rent was because I was close friends with the owner of the house (who has now passed away....and have a**holes for children.). My rent is now 800 bucks a month...time to move.
It's fine. I just don't consider those repairs since I could go pick them up (if he would let me :/ ). :P
 :salute

hell 800 is cheap around here, and most places I am guessing.

Offline MarineUS

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Re: Question of legal nature
« Reply #27 on: August 30, 2011, 03:53:31 PM »
lol I'm from a smalllllll town haha.
Like, ya know, when that thing that makes you move, it has pistons and things, When your thingamajigy is providing power, you do not hear other peoples thingamajig when they are providing power.

HiTech

Offline ToeTag

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Re: Question of legal nature
« Reply #28 on: August 30, 2011, 04:15:29 PM »
I had an employee total my work van one day.  I only had liability on it as it was paid for.  His insurance (with the same company as me) paid for the van.  Did your friend have insurance at this point?  If he wasn't then you wont get a settelment from the ins. co.  Is there a police report that shows him driving the vehicle at the time of the accident.  If there is then you can sue him for damages and any cost incured because of the accident and I mean all costs that you can prove reasonably.  Now the part about the loan.....you owe him every penny.  Now what will most likley happen if you go to court is it will be a near wash. 

If he pays to have your truck fixed then you will owe him $6,500.00 dollars.

If you pay to fix the truck then you will have to pay him the remaing balance after repairs of the $6,500.00.

If you have the receipts for the tool box and misc stuff then you can add 50% of the value to your tab and remove it from the bill.  If you don't have the reciepts then you can't prove it was ever there.

Simplest answer is to get a few repair bills to determine the cost of the repairs and send him a check for the difference.

Other than that you guys are just two kids screaming and pointing your fingers at each other.

They call it "common sense", then why is it so uncommon?

Offline Stoney

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Re: Question of legal nature
« Reply #29 on: August 30, 2011, 04:21:11 PM »
Marine, you still on active duty or in the reserves?  Might want to talk to a JAG if you're still in.  They usually know a decent amount of contract law...
"Can we be incorrect at times, absolutely, but I do believe 15 years of experience does deserve a little more credence and respect than you have given from your very first post."

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