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8848m
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Posted on 01-31-10 6:26
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o ne
of my buddy got in car accident, he did not had insurance at the
moment, he went to court paid his ticket and fines bla bla bla. Now, my
buddy is ready to fix the car of other driver, he talked with mexican
mechanic @ 500. Now the other driver is claiming he needs cash 1500
otherwise he would go to court and sue my buddy. Never known anybody in
this situation. Still we are trying our best for negotiation but other
driver says legally he is the one to choose the place of maintainence.
other driver also says he knows the lawyer and he will sue for thousand
more dollars for not repairing the car for seven months. During this
seven, other driver made about four phone calls and said take your time
and solve other problems first and fix the car when you got money, he
did not rushed my buddy. IF anyone been in this situation, give some
suggestion for next step. Thank You.
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houston_kancho
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Posted on 01-31-10 11:39
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which state? did ur fren got ticket for not having insurance and accident ( 2 felony). Did judge ordered ur fren to fix the other driver vehicle?. from what you have written; it seems that the driver is in need of money and he/she is trying to blackmail ur fren. Even if ur fren pays the other driver money, make sure he dont pay the other driver by cash, cuz there would be no proof that ur fren actually pay him off. Rather have ur fren pay by either check or money order that way ur fren would be in a safe bait.
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bideshi
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Posted on 02-01-10 2:01
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If your friend had insurance,then they would have deal with him but here the case is different. I hit a car long time ago and there were just minor scratches.I was new to US and scared to call my insurance company as people told me my insurance would be really high after accident and I would get a ticket.I found a cheaper place to fix his car but he took his car to the really expensive place and made me pay 1900.I still remember that.I should have gone to my insurance company,maybe it would have been cheaper for me or I should have just talked to the lawyer.But I ended up paying just to calm down the other driver as I was at fault and I was new here. But this is a free country .So,don't rush.Don't make a mistake .Look around. Looks like you are at fault.That means you have to pay to fix his car.You are driving a car without insurance.In California where I live,it's illegal to drive a car without insurance.Just check the rules of your state.Maybe your friend doesn't want to be in trouble with the law.So,don't panic,don't rush,get help,get some advice and then deal accordingly.I think this is not where you ask for legal advice unless you ask somebody in particular.Anyway good luck to your friend.
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bideshi
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Posted on 02-01-10 2:05
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Yea and like Houston kanchho said pay to the maintainance center not to the guy,and don't give cash.U need to have a proof if later he tries to bother you.
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8848m
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Posted on 02-01-10 2:14
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the thing is he bought a new car and was driving to home, and i also suggested him to talk with lawyer but still he is worried how much he gotta pay.
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fusre jogi
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Posted on 02-01-10 6:57
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first of all how did the dealer gave you the title without insurance ? second if your friend was at fault and he is required to fix the other persons car, then he is required by law only to use new and original factory parts....it's not your car you are talking about which you can take to the junkyard and use the parts from there..... just because you don't have insurance means you are at fault....if the judge gave you an order to fix the other persons car then you have to fix it.....also why would the second guy wait 7 months to get his car fixed ?? if you are required by law to fix his car, get an estimate for the damages including the labor costs, and check if it is over 1500.. if it is over 1500 then it might be a good idea to pay the 1500...it's the economy and people are broke and the guy must be in desperate need of cash......so he just wants the money to use for something else......try to negotiate with the guy.... now if your friend is at fault, and he was driving without insurance....an attorney on the other side can cause your friends life miserable....not only he can sue your friend for the damages but also the attorney fees, loss of time, and if he was injured he might sue you for loss of wages, medical fees, doctor visits costs and medical bills..... give me some more information..........
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madhesi
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Posted on 02-01-10 7:03
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Put your question on legal forums which are moderated by attorneys. Look for such forums in the net. I was surprised the other driver waited for 7 months without getting his car repaired. What kind of damage was it? Tha fact that "other driver made about four phone calls and said take your time and solve other problems first and fix the car when you got money, he did not rushed my buddy" sounds like the other drive is a reasonable person. You should remind him that the attorney he hires to take his case will take 40% of recovery. That means, if he recovers $2000, attorney will take at least $800.00. Ask in the legal forums if any attorney will waste his/her time to take the case which will get him $800.00. Did you see the police report? Does the report say the car was damaged? If not, your friend is in good position. Get a copy of the police report. Will cost $1 or $2. The other driver staement that "legally he is the one to choose the place of maintainence" may not be true. http://forum.freeadvice.com/ http://www.theattorneysforum.com/news/1751-free-legal-advice.html
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8848m
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Posted on 02-01-10 3:52
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It happened in houston, and the dealer is not like big one, simple mexican car shop. Other driver had a pickup truck and the damage is only small scratch and bump in the bumper.
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fusre jogi
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Posted on 02-01-10 10:03
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who was at fault ??? just don't tell the guy that you don't have insurance................when you hit somebody....the police will write a report signed by you/your friend.....one copy is given to you, the other one given to the other person and the third copy is kept for the county's record................. now as I see if the report mentions of your and his damage; you will be required to pay........also it will have a rough estimate of the damaged vehicles.........looks like the guy is only trying to rip you off and trying to blackmail you ....coz he knows you don't have insurance...... be precise and respectful and the tell the mexican that you will fix the minor scratch ........and take to a body repair shop for estimate.......now if he says no and still threatens you .....threaten him back..... tell him you are gonna sue him because he is threatening you.......tell him he didn't made his claim for the past 7 months and you didn't think the damage was that big...........so you are just making that up and try to commit a fraud.... if those things are documented don't give him jack shit......
just get a hold of the police report.....it should have the mexicans insurance company....and talk to them and tell them the whole story....they might be able to help you out....
post some more info...
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