Question of legal nature

[Sonicblu]

One thing that seems to have been overlooked, is that the friend had possession of the truck and wrecked it, right?  As such... his insurance should cover anything related to that, whether repairs or salvage value (and they can possibly be sued for damages, loss of whatever, blah blah)

Yes check this out in my state insurance follows the driver. Doesn't matter what he is driving, legally the "driver" is the one insured. So if "he " has insurance then his insurance is liable especially if it was his fault, or he got a citation. You need to filed a claim against his insurance, lol that will frost his cookies.

File a report for theft against the stolen items, and then pay him his money back.

 

[Tec]

Sorry if this has been covered previously, but if you only had liability then how did the vehicle end up "totaled"?

[MarineUS]

That's what happened when the insurance people came to look at it (when he was still arguing it in court).

[Tec]

That's what happened when the insurance people came to look at it (when he was still arguing it in court).

That still doesn't make sense.  Did you receive a settlement from either his or the other drivers insurance and then buy the truck back from them?  If not you don't need to worry about the added expense of an inspection and new title.

[dedalos]

Why are you asking this on a gameing forum and not asking a local attorney instead ?

Only advice I could give is to never borrow or loan large amounts of money from "friends". Theres something about money that turns people evil.

Because this is free and he is only asking so he can get an idea of what to expect?  Some people may have been through something similar, you never know.  I don't think he is going to go to go to court and tell the judge: "The guys at the BBS Said . . . . "

Why ask anything in this board then when you can always hire a professional to ask a question?

[The Jekyll]

Moreover, a thief is also responsible for damage. You can't get a judgement in criminal court, but you certainly can do so in civil court.

Wide the court said otherwise. The vehicle was stolen while we were in the theater, was involved in a wreck which killed one, injured 2 others. The car itself and the damages, in the judgement of the court, was my responsibility not the responsibility of the thief. Moreover, there was a hint that the thief's had a reasonable expectation that the car they stole would be safe for operation on the roadways; go figure (one tire was deemed marginal on wear). That judgement came in civil court, in Oklahoma County, Ok.

You can "try" anything in the courts but be prepared for the judgements not being what you expect, I personally know that. I never got a penny for the damages to the car awarded.

[MarineUS]

I don't think he is going to go to go to court and tell the judge: "The guys at the BBS Said . . . . "

Why ask anything in this board then when you can always hire a professional to ask a question?

haha Thank you for the laugh. I needed that.


 Alright this is what has happened so far. When the truck was wrecked it was taken to an auto-body shop (more like complete junkyard.) and I was told that I could NOT get the truck out of the lot until the next day, so I waited. So, after waiting I go up there only to be told that I could not pick the truck up because in the police report my "friend" had said it was "his" truck.

 He is stationed in NC so he couldn't get the truck (he had to leave the day the accident happened, which is why he was returning it.), and they wouldn't take his word over the phone to give it to me. This meant my truck was going to have to sit there for a week (which it did) and his insurance FINALLY kicked in but only paid the $1025 to get the truck out of the lot. I had my dad "drive" it home since they wouldn't tow it (they said it wouldn't even start....). He started it, put a come-along to hold the bed to the cab, put it in 4-Lo and let the front end pretty much pull the truck home.

 So his insurance DID pay SOMETHING but did not cover any repairs, only enough to get it out of the "repair shop".



I've always hated that place as it is. They've been trying to buy my truck since I got it, I think they were doing what they could to make me just leave it. (They offered me $500 to let them keep it....).

[RTHolmes]

interesting, so his insurer has already taken some liability. you need to pursue recovery from his insurers. do you have any legal expenses cover with your home insurance?

[dedalos]

Hmmm, is the title in your name?  Who cares what the police report say if you have the title?  This is getting so confusing.  With the title in your name, the cop filling the report should be in trouble for not checking the title.  Your friend should be in trouble for lying to the police.  The shop should be in trouble for holding your car against your will.  Did the insurance pay the next day (that's kind of fast)?.  In any case, by writing the check they admit fault.  Sounds like you will need a team of lawyers to figure this mess out 

[SlapShot]

haha Thank you for the laugh. I needed that.


 Alright this is what has happened so far. When the truck was wrecked it was taken to an auto-body shop (more like complete junkyard.) and I was told that I could NOT get the truck out of the lot until the next day, so I waited. So, after waiting I go up there only to be told that I could not pick the truck up because in the police report my "friend" had said it was "his" truck.

 He is stationed in NC so he couldn't get the truck (he had to leave the day the accident happened, which is why he was returning it.), and they wouldn't take his word over the phone to give it to me. This meant my truck was going to have to sit there for a week (which it did) and his insurance FINALLY kicked in but only paid the $1025 to get the truck out of the lot. I had my dad "drive" it home since they wouldn't tow it (they said it wouldn't even start....). He started it, put a come-along to hold the bed to the cab, put it in 4-Lo and let the front end pretty much pull the truck home.

 So his insurance DID pay SOMETHING but did not cover any repairs, only enough to get it out of the "repair shop".



I've always hated that place as it is. They've been trying to buy my truck since I got it, I think they were doing what they could to make me just leave it. (They offered me $500 to let them keep it....).

There are so many holes in this whole story it smells like Swiss cheese.

So, after waiting I go up there only to be told that I could not pick the truck up because in the police report my "friend" had said it was "his" truck.

He is stationed in NC so he couldn't get the truck (he had to leave the day the accident happened, which is why he was returning it.), and they wouldn't take his word over the phone to give it to me.

Are you kidding me ? ... it would take all of a nano-second to look at the tags/registration and your license to prove that the truck was not his ... unless of course the truck is registered in his name ?

This meant my truck was going to have to sit there for a week (which it did) and his insurance FINALLY kicked in but only paid the $1025 to get the truck out of the lot.

So now the truck sat at the Auto Body shop for a week and then magically they turn the truck over to you only after the storage fees have been paid and the question of who was the real owner of the vehicle still had not been established?

 

[Flipperk]

----

[Westy]

"There are so many holes in this whole story it smells like Swiss cheese."


True. Until you look at the story as  two "Joe Dirt's" trying to frakk each other
over and then it makes some sense,

[Westy]

"Why are you asking this on a gameing forum and not asking a local attorney instead ?"

Really.

It'd be like going here http://forum.freeadvice.com/auto-accidents-vehicle-claims-1/
and asking how to set-up your AH views on a Saitek joystick.

[RTR]

There are so many holes in this whole story it smells like Swiss cheese.

Borrowing $6500 from a "friend" to buy a truck which you couldn't afford to pay for, or insure properly, is where it starts to smell like swiss cheese to me. The rest of it just smells bad.

If it's true then pay your "friend" his $6500 back. He lent it to you in good faith. It doesn't matter which way you slant this, he lent you $6500 you owe him 6500. The accident scenario is an entirely separate issue, which should be easily handled by your insurance company....you did have insurance didn't you?

2+2 sure does seem to add up to 5 around here lately.


RTR

[MarineUS]

*face palm*

The truck was already paid for. That truck has been paid for. I paid for it in full when I bought it... It has ALWAYS had liability insurance. I don't drive often (only to work), I don't go out at night or on the weekends - I sit at home. I can't go anywhere without a ton of back pain.

 He gave me 6500 to help me finish paying off my CAR. Truck does not = CAR....vice versa...

Let me break it down barney style.


1. I'm asking here because I (would at least like to think that most of you aren't a**holes 24/mf 7) tend to like the fellowship of this community. I'm asking here because like I ALREADY stated: People here come from all walks of life. How do YOU know that one of the people here isn't a lawyer? They just might be.

2. I asked him if he could loan me $6500 to help me finish paying off my car - he said yes if I let him use my truck for a month and paid him back.

3. I lent him the truck in (since everyone seems to be throwing this phrase around, let me remind you) "good faith" that he would bring it back undamaged, which he did not.

4. People in, Thomasville GA are crooks. The company owners of the body shop had previously tried to f**k me over on that truck before just so they could use it (they took it mud bogging to test the "4 wheel drive" to make sure they "fixed" it properly and they didn't even bother to wash it...or the gallons of paint that spilled in the back and ruined my rhino liner (which couldn't be replaced even with a life time warranty because I wasn't the owner of the truck when the rhino liner was put in.).
  They were hoping I would give them the truck for, $500 which is probably why they wouldn't give me the paperwork. They knew he was in NC and on active duty which meant he would have an issue getting back. I'm assuming they were hoping the storage bill would just build up and I not be able to get it out.

5. I got the truck out because he came down from NC to dispute the ticket that week and I made him swing by and tell them to give me my truck before I burned their building to the ground. (At this point I'm ready to go to jail.)

6. His insurance company told the body shop it would be paid and then proceeded to pay it the following Monday, which they did.

7. After all of this; I asked him to help me fix the truck - no money needed, just time - and that I would pay him $3000 back and just take the rest as compensation for f**king my s**t up. He never got back to me, which in my mind is giving me the middle finger.

8. In short, the damage done to the truck and missing items that he has not returned outweigh the amount of money I owe him.

Good, God almighty.



Now answer me this - how is it that with all you intelligent fellers pointing the finger at me for insurance not remember that if I'm paying for a truck (or just recently paid it off) that I would NEED full coverage because BY LAW if you have a loan out on your vehicle you MUST have full coverage....


This is the O'Club, where I am allowed to talk about things not pertaining to AH....which means I wouldn't ask how to set up joystick functions here anyway....

If you want to be an arse - just PM me so I don't have to sort through the bullchit.


To those who have decided to not act like children, but rather put effort into guiding me in some sort:  
----------------
EDIT: Just because I'm pissed off - Since I seem to not be allowed to speak about non AH related things in the O'club, those of you who are criticising me for posting this here - Don't post any videos that may be funny, pertain aircraft beyond 1945, pretty women born after 1945, do not post about something you witnessed that does not pertain to virtual aircraft, gv's or ships from World War Two, or show off your vehicles.

Those things do not have anything to do with this particular gaming "community".


It's funny when someone points the gun back at you, isn't it?