Someone just jumped on top of my car and dented the roof & trunk!!!
04-25-06, 07:35 PM
#48
Moderator
This is one of the case when you wish you had an independent agent to get unbiased advice.
Let me assure you that reporting it to cops will only get the incident reported against your friend. Only the courts can make a judgement against anyone and that again is a demand to pay. ie You still may get nothing to repair your vehicle.
On the other hand, to claim from insurance, you may be required to file a police report.
My advice will be to impress on your friend that all you want is to get your car repaired. I hope you can make a judgment call as to how much your friend will be able to pay on his own and if his parents need to be involved. Unfortunately your friend has already demonstrated that he has bad judgement. Take your friend with you to get repair quotes. Also visit the dent-repair shops which do not need painting. This repair you can do in stages (section at a time .. if you get compensated over time).
Things also depend on how much of friend he is to you. If you value his friendship more than the 4or5K, then just take his word that he will pay (even if he breaks his word at the end). It is not unheard of, friends donating kidney for a friend.
Salim
Let me assure you that reporting it to cops will only get the incident reported against your friend. Only the courts can make a judgement against anyone and that again is a demand to pay. ie You still may get nothing to repair your vehicle.
On the other hand, to claim from insurance, you may be required to file a police report.
My advice will be to impress on your friend that all you want is to get your car repaired. I hope you can make a judgment call as to how much your friend will be able to pay on his own and if his parents need to be involved. Unfortunately your friend has already demonstrated that he has bad judgement. Take your friend with you to get repair quotes. Also visit the dent-repair shops which do not need painting. This repair you can do in stages (section at a time .. if you get compensated over time).
Things also depend on how much of friend he is to you. If you value his friendship more than the 4or5K, then just take his word that he will pay (even if he breaks his word at the end). It is not unheard of, friends donating kidney for a friend.
Salim
these day's
04-25-06, 07:55 PM
#50
Salim, very well said. I did file a police report today just to have the damage in formal writing and in the record. They asked me if I wanted to press charges. I said no unless I really can not get something settled. This qualifies as a felony in my state. That will really screw someones permanent record over(makes it very hard to get jobs), so I don't want to do that so hastely. He was a great friend for a long time and now this... Even though he did something as stupid as this, I don't think I'm going to completely cut the friendship line just 'yet'. If this was someone I didn't really give a crap about, they would of been head first in the ground already and probably have the insurance and police at his door already. Honestly I think he has learned his lesson for life never to touch anyones car. Especially if he's going to work his *** off to pay for the repairs. At this point I just want to get the car fixed.
I'm about to talk to him in person here in a few minutes to see whats up with the situation.
I'll keep you guys updated.
I'm about to talk to him in person here in a few minutes to see whats up with the situation.
I'll keep you guys updated.
Originally Posted by salimshah
This is one of the case when you wish you had an independent agent to get unbiased advice.
Let me assure you that reporting it to cops will only get the incident reported against your friend. Only the courts can make a judgement against anyone and that again is a demand to pay. ie You still may get nothing to repair your vehicle.
On the other hand, to claim from insurance, you may be required to file a police report.
My advice will be to impress on your friend that all you want is to get your car repaired. I hope you can make a judgment call as to how much your friend will be able to pay on his own and if his parents need to be involved. Unfortunately your friend has already demonstrated that he has bad judgement. Take your friend with you to get repair quotes. Also visit the dent-repair shops which do not need painting. This repair you can do in stages (section at a time .. if you get compensated over time).
Things also depend on how much of friend he is to you. If you value his friendship more than the 4or5K, then just take his word that he will pay (even if he breaks his word at the end). It is not unheard of, friends donating kidney for a friend.
Salim
Let me assure you that reporting it to cops will only get the incident reported against your friend. Only the courts can make a judgement against anyone and that again is a demand to pay. ie You still may get nothing to repair your vehicle.
On the other hand, to claim from insurance, you may be required to file a police report.
My advice will be to impress on your friend that all you want is to get your car repaired. I hope you can make a judgment call as to how much your friend will be able to pay on his own and if his parents need to be involved. Unfortunately your friend has already demonstrated that he has bad judgement. Take your friend with you to get repair quotes. Also visit the dent-repair shops which do not need painting. This repair you can do in stages (section at a time .. if you get compensated over time).
Things also depend on how much of friend he is to you. If you value his friendship more than the 4or5K, then just take his word that he will pay (even if he breaks his word at the end). It is not unheard of, friends donating kidney for a friend.
Salim
Last edited by JeffTsai; 04-25-06 at 07:59 PM.
04-25-06, 10:38 PM
#54
Ok, got the news in. I'm going with him to the police station tomorrow to get a written statement signed by both of us with an officer present. This statement is an agreement for him to pay me the deductable and any ins rate hikes that will be incurred on my part. Then get the officer to sign the paper...stating he/she witnessed both of us sign the paper. Is that enough to make it legally binding? Or do I need to get a lawyer or someone else?
Here is the basic terms of the agreement:
1) He is going to work over the summer 2-3 months to get me the $1000. This payment will need to be in my hands within 2-3 months from today.
2) The (total) insurance "rate hike" costs will be paid by the end of the year .
He gave me some money just now and will be working the rest of the summer for the rest.
3) What I need to figure out is what to do if he doesn't pay up on the day...any suggestions?
It won't be a problem for me to fully pay the deductable upfront now to get it fixed for now. I have enough money for that. I just want to get all this stuff settled before I get the car fixed.
I'm going to get this all in writing and signed tomorrow with an officer to be the witness.
This plan involves just him and keeping it from his parents.
How do you guys feel about this plan?
The second plan is to make him call his parents and get his parents to pay the money. If he doesn't make the call, then I will. The police were going to throw his *** in jail today and charge him with a felony. I stopped that for now. Should I use that as leverage if I talked to his parents?
Here is the basic terms of the agreement:
1) He is going to work over the summer 2-3 months to get me the $1000. This payment will need to be in my hands within 2-3 months from today.
2) The (total) insurance "rate hike" costs will be paid by the end of the year .
He gave me some money just now and will be working the rest of the summer for the rest.
3) What I need to figure out is what to do if he doesn't pay up on the day...any suggestions?
It won't be a problem for me to fully pay the deductable upfront now to get it fixed for now. I have enough money for that. I just want to get all this stuff settled before I get the car fixed.
I'm going to get this all in writing and signed tomorrow with an officer to be the witness.
This plan involves just him and keeping it from his parents.
How do you guys feel about this plan?
The second plan is to make him call his parents and get his parents to pay the money. If he doesn't make the call, then I will. The police were going to throw his *** in jail today and charge him with a felony. I stopped that for now. Should I use that as leverage if I talked to his parents?
Last edited by JeffTsai; 04-25-06 at 10:55 PM.
04-25-06, 10:56 PM
#55
Moderator
Jjust call the police station/officer before you go. Just to prevent a wasted trip and possible embarrasement.
All you really need is a witness or two.
If your friend fails to live up to his promise, the only option you will have is go to court.
You or your friend or both must keep records of payment.
Salim
All you really need is a witness or two.
If your friend fails to live up to his promise, the only option you will have is go to court.
You or your friend or both must keep records of payment.
Salim
04-25-06, 11:33 PM
#56
Lexus Champion
Originally Posted by JeffTsai
Ok, got the news in. I'm going with him to the police station tomorrow to get a written statement signed by both of us with an officer present. This statement is an agreement for him to pay me the deductable and any ins rate hikes that will be incurred on my part. Then get the officer to sign the paper...stating he/she witnessed both of us sign the paper. Is that enough to make it legally binding? Or do I need to get a lawyer or someone else?
Here is the basic terms of the agreement:
1) He is going to work over the summer 2-3 months to get me the $1000. This payment will need to be in my hands within 2-3 months from today.
2) The (total) insurance "rate hike" costs will be paid by the end of the year .
He gave me some money just now and will be working the rest of the summer for the rest.
3) What I need to figure out is what to do if he doesn't pay up on the day...any suggestions?
It won't be a problem for me to fully pay the deductable upfront now to get it fixed for now. I have enough money for that. I just want to get all this stuff settled before I get the car fixed.
I'm going to get this all in writing and signed tomorrow with an officer to be the witness.
This plan involves just him and keeping it from his parents.
How do you guys feel about this plan?
The second plan is to make him call his parents and get his parents to pay the money. If he doesn't make the call, then I will. The police were going to throw his *** in jail today and charge him with a felony. I stopped that for now. Should I use that as leverage if I talked to his parents?
Here is the basic terms of the agreement:
1) He is going to work over the summer 2-3 months to get me the $1000. This payment will need to be in my hands within 2-3 months from today.
2) The (total) insurance "rate hike" costs will be paid by the end of the year .
He gave me some money just now and will be working the rest of the summer for the rest.
3) What I need to figure out is what to do if he doesn't pay up on the day...any suggestions?
It won't be a problem for me to fully pay the deductable upfront now to get it fixed for now. I have enough money for that. I just want to get all this stuff settled before I get the car fixed.
I'm going to get this all in writing and signed tomorrow with an officer to be the witness.
This plan involves just him and keeping it from his parents.
How do you guys feel about this plan?
The second plan is to make him call his parents and get his parents to pay the money. If he doesn't make the call, then I will. The police were going to throw his *** in jail today and charge him with a felony. I stopped that for now. Should I use that as leverage if I talked to his parents?
04-26-06, 01:51 AM
#57
Well, the main thing is that I didn't have him arrested, and have felony charges pressed since he's a friend. The police asked me if I wanted to proceed with that action and I declined...for now. I'm going to call his parents to tell them that I refrained from that action in hopes that all of this could be settled.
I thought insurance rate increases only last 3 years? Something about your driving record only applies for the most recent 3 years. Even if they jump the price up by $500-700 a year thats 2k or so at most. Or does the ins rate never come back down once it goes up??
I do realize though 1k deductable + 2k over the years will add up close to the total amount originally needed for repair.
How about the carfax records? On the estimate I got from the body shop. It says point of impact: Rollover. I don't think that is going to sit too well with potential future buyers of the car.
I thought insurance rate increases only last 3 years? Something about your driving record only applies for the most recent 3 years. Even if they jump the price up by $500-700 a year thats 2k or so at most. Or does the ins rate never come back down once it goes up??
I do realize though 1k deductable + 2k over the years will add up close to the total amount originally needed for repair.
How about the carfax records? On the estimate I got from the body shop. It says point of impact: Rollover. I don't think that is going to sit too well with potential future buyers of the car.
Originally Posted by Lexbox
Its impossible to calculate the rate hike. Any rate hike over time will be significantly more than the repairs themselves. The insurance company will get there money back one way or another...with interest. I think the first plan is completely unacceptable. I would proceed with the second option but if you do mention that you could have had him arrested...use tact. If you tick them off you would probably need to hire a lawyer. Just remember plan one is terrible. Terrible for you but great for him. DO NOT CALL YOUR INSURANCE COMPANY!
04-26-06, 02:02 AM
#58
Intermediate
You have more problems...
First, take your car to a paintless dent removal shop - Dent Wizard, etc. I have seen them remove some serious dents without breaking the paint. I think the roof might come out OK based on yoiur pictures.
Second, if you report this to your insruance company, they will ask you if you know who did this vandelism to your car. You will have to give them his name or you will be committing fraud. I am pretty sure your insurance company will go after him to pay for all damages. They will probably sue him. That being the case, I woiuld present him and his parents the option of buying the car from you at fair market value, paying for all repairs, or dealing with your insurance company. Let them decide what they want to do.
Either way, someone is going to have to pay. If I were you or them, I would leave the police and insurance company out of it. If your friend and his family don't accept responsibility, it is your call on whether or not you want to get him arrested.
Good luck. Let us know what Dent Wizard or the like says.
Neil
Second, if you report this to your insruance company, they will ask you if you know who did this vandelism to your car. You will have to give them his name or you will be committing fraud. I am pretty sure your insurance company will go after him to pay for all damages. They will probably sue him. That being the case, I woiuld present him and his parents the option of buying the car from you at fair market value, paying for all repairs, or dealing with your insurance company. Let them decide what they want to do.
Either way, someone is going to have to pay. If I were you or them, I would leave the police and insurance company out of it. If your friend and his family don't accept responsibility, it is your call on whether or not you want to get him arrested.
Good luck. Let us know what Dent Wizard or the like says.
Neil
04-26-06, 04:25 AM
#59
Jeff,
I got to be honest, taking the $1000 and he pays for your insurance hike may still have you paying in the long run. The question you asked what if he doesn’t fulfill his end, what to do? I say let him man up and accept responsibility, what he did was incomprehensible and having him give you $1000 and possible $200-300 a year has him getting off light, a true friend would not have done what he did. Seeing as you plan on telling his parents see what comes of that, if they offer to pay for the damages and there son pay them back, that’s a Win Win in my book or have him take out a loan. If he is a friend and values your friendship, he would not leave you out in the cold, going the route you are considering may leave you with the brunt of it all and you will again be left with the fact that he never valued your friendship in the first place. My .02c please keep us posted on the outcome
I got to be honest, taking the $1000 and he pays for your insurance hike may still have you paying in the long run. The question you asked what if he doesn’t fulfill his end, what to do? I say let him man up and accept responsibility, what he did was incomprehensible and having him give you $1000 and possible $200-300 a year has him getting off light, a true friend would not have done what he did. Seeing as you plan on telling his parents see what comes of that, if they offer to pay for the damages and there son pay them back, that’s a Win Win in my book or have him take out a loan. If he is a friend and values your friendship, he would not leave you out in the cold, going the route you are considering may leave you with the brunt of it all and you will again be left with the fact that he never valued your friendship in the first place. My .02c please keep us posted on the outcome
04-26-06, 06:11 AM
#60
Sorry to hear about this... I think it's great progress for you guys to sign something in front of an officer. However, my concern is that if you go the insurance route, they would turn around and try to collect from your friend, unless you just claim that the damage was caused by an unknown person. This is a fine line here, and I think it may be considered insurance fraud, since you would effectively be covering for your friend. Just something to think about, since you obviously don't want to make this a bigger problem than it is already.
The Dent Wizard idea someone else suggested sounds great to me, and I hope it works. If you end up going the body shop route, I still think having him pay the $$$ is the way to go.
Best of luck, Jeff.
The Dent Wizard idea someone else suggested sounds great to me, and I hope it works. If you end up going the body shop route, I still think having him pay the $$$ is the way to go.
Best of luck, Jeff.