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Q: Legal Advice, Anyone?

asked by: hopefulmjz on April 4th, 2007

Extremely EHEALTHy

Ok, this may be quit long, so bare with me...........

My sister in laws, brother in law....gilberto (still with me?) was in a car accident a couple months ago, it involved 3 cars. Supposedly it was his fault, and the girl claims he cut her off, causing her to push him into the 3rd car. I don't know, I wasn't there. But myself, .gilberto, and his brother went with this girl, (she's latino as well) to get an estimate on her truck. About halfway thru the guy doing the estimates said "well if this were an insurace case, they'd declare this totalled because it's gonna cost more to fix it, than the truck is even worth...should I keep going?" and the guy that was with her said "Yeah, we won't be the ones paying for it anyways" so after that was said and done, the total damage came up to $5,000 something. He also tried to convince the assesor that the truck was a 1992.......but he obviously had the vin to verify that it was indeed a 1990. So .gilberto and this girl talked, and he said he would pay as much of the damages as he could, but he would need to make payments because he simply doesn't have all that at once. So she agreed, and then she started calling him every day demanding money, the whole amount...and then like a month ago (exactly a month after the accident) .gilberto recieved a letter, saying he's being sued by her. So, today was the court date, so .gilberto and I went, and the 2 of them ended up talking to the judge, and .gilberto doesn't agree with the amount of money she's asking for, so there will be a trial on .april 19th. I wouldn't have agreed with that much either, and I'm glad he's fighting it. But now we have to prove the truck isn't worth what she's asking for. Which I've already done a search online, and the absolute .m.o.s.t I have found, is $2,050....but that's 4.w.d, power everything, and very few miles. So, what all she we take to court so he doesn't have to pay her all that? He will pay her for damage, but not over $3,000 for an old beater. Also, I don't think this is her vehicle....today on the paper she brought, that showed the estimate was a different name than what hers is. Would that make a difference?

Replies(13)

tigresacanela24 replied on April 4th, 2007

Especially EHEALTHy

Re: Legal Advice, Anyone?

hopefulmjz wrote:

oooh! I saw something like this on judge judy a few times. take a copy of the blue book value for the car. and i'm not sure but it might make a difference whether or not the car is hers. call a lawyer that offers free consultations and see what s/he has to say.

mc4ever02 replied on April 4th, 2007

Supporter

First off, make sure that whatever the amount that is settled on in court make sure that he makes it a stipulation that the money will not be paid to her but will be paid to the establishment that is doing the repairs.

As for the amount did you go to kelly blue book? 4wd and all of those options should be available. Anything extra that is done to the car that can be taken off an used on another vehichle (like rims strereo ect) should not be added to the total damage figure if it is salvageable. (does that make since?)

Unfortunately, much past that I only know FL laws. Sorry.

hopefulmjz replied on April 4th, 2007

Extremely EHEALTHy

Thanks ladies!
Kay, I think I'll look into a lawyer (free consultation of course) and see what they say. I wish I would have gotten a copy of the estimate she had.

And mc4ever02 (sorry I don't remember your name) that's a great idea to make payments to the mechanic.......i never would have thought of that. I will look into that too. and we're not going to put rims or anything like that into the figure, just the basics that came with the vehicle. Is there a way we can find out mileage on this vehicle, from a vin? We could call her too, and find out.....but I don't trust her to be very truthful. However, she also has to bring proof of how much the truck is worth. And yes, I went to .kelley .blue .book. I'm trying to get more than 1 type of proof. like, off more than 1 site.

See, now my hubby's gonna understand why I watch .judge .judy! He always laughs at me.....but hey, you do learn things from it!

AyaMiyaki replied on April 4th, 2007

Especially EHEALTHy

Did he get anything in writing from the guy that did the estimate? I would go back and try to get a notorised statement from him saying that they tried to lie about how old the car is. Or ask him to testify, maybe. It couldn't hurt.

That's what I would do - I would flesh out everything shady that the other people did.

Sunflower_pie81 replied on April 4th, 2007

Extremely EHEALTHy

first of all you are entitled to all the paper work she has. You should have a copy. You are entitled to have your own adjuster look at the car and see the damages. For all you know, she may know the person and they could be hiking up the cost. if it's a total loss you would only hve to pay the blue book value on the car.

were the cops called?

terpamber replied on April 4th, 2007

Experienced User , Rather EHEALTHy

I would also get a "selling amount" from a few diffrent sources, Kelly blue book plus some others if you can go to a lot and find a car similer (if its cheaper) some car lots like to rip you off.

Plus I maybe wrong but if she is the "prosacuting" side isn't it her job to prove how much her car is worth? If you come prepared it will help.

hopefulmjz replied on April 4th, 2007

Extremely EHEALTHy

Sunflower_pie81 wrote:

Yes, that's another thing! Gilberto asked if they could take it for a second estimate, somewhere else....and they said they wanted it done at that particular mechanic.

Can I go back to this place and get a copy of that estimate? she hasn't had anything done to the vehicle, so I don't know if they'd still have it on file.

I feel so bad for .gilberto, the poor boy was putting all his paperwork and stuff into the envelope before we left and he was shaking sooooo bad.

mc4ever02 replied on April 4th, 2007

Supporter

I know that here in fl you have the right to have the vehichle inspected. You should get a copy of the estimate then sent it to 3 different mechanics in the area and see how much they would charge for the repairs. Then take the average and use that as the price point you will allow. But I would actually take the vehichle. You never know if that was her borther or cousin just writing down a buch of trumped up damages to get some extra cash. I would also make sure that the place she had the original estimate done is licensed and insured. Otherwise, that point is void.

hopefulmjz replied on April 4th, 2007

Extremely EHEALTHy

mc4ever02 wrote:

We've had it inspected. We went with the people to get the estimate done. It wasn't a relative (to my knowledge....since the 2 other people were hispanic, and the guy was white....even that doesn't prove anything...it could be an in-law...it's hard to say) I'm gonna call this place later and see if they still have it on file. Maybe I'll see if someone can come in and tell the judge exactly how the truck was, and what it's worth (along with the bluebook values)

Sunflower_pie81 replied on April 4th, 2007

Extremely EHEALTHy

so what if they wanted it done there. you still have the right to have it inspected by your own guy and see if it would cost that much...

The 'selling' price will be much highter than the blue book because they want to get a profit out of it. so just go with the kelly blue book value there isnt' any need to get the other amounts. just stick with what the insurance would have paid for it.

why isn't this an insurance case???? or did i over look this??? were the cops called???

hopefulmjz replied on April 4th, 2007

Extremely EHEALTHy

OOps, sorry .gen! I forgot to answer that.
Yes, the cops were called when the accident happened. Gilberto and the 3rd car didn't move their vehicles, but the lady quick went and parked her truck in the store parking lot (near where the accident was) and walked over. And I don't think she even got a ticket.....so why did she move her vehicle before the cop got there? that's another thing fishy...I think.

And neither of these 2 had insurace. The 3rd guy did, and .gilberto has already paid that guys insurace company, in full.

Mabel replied on April 4th, 2007

Moderator

Blue book value is fine. Gilberto should get a copy of the police report and a copy of the estimate. Always, always, always get paper copies of all information - whether you are the at fault party or not. Keep detailed records also, like how much she said she'd settle for and then (although I know this is too late for this case) get it in writing that she is willing to accept payments, etc.

It is Gilberto's right to have copies of all estimates and police reports and I would not go to court without them! They could make or break his case!

Find out the .R.O (registered owner) of her car. Did she have insurance?

Did anyone at the scene get tickets? The police report will say if they did.

Another too late for this accident: this is why everyone should always have insurance. It saves you on days like this.

Good luck to .Gilberto!!

hopefulmjz replied on April 5th, 2007

Extremely EHEALTHy

Thanks, .ingi. He's got 2 copies of the police report, and now we're trying to get ahold of her to get more information about her vehicle, so we can know the exact value (if it's 4.w.d, and all that kind of stuff...my brother is going to go look at this truck and see, he's a car guy that knows those things) and we are also going to get a copy of the estimate. On the estimate, I read the name of the vehicle owner...and I'm about 95% sure it wasn't her name on there...but it didn't dawn on me until after court. What would happen if she's not the owner?
And I can't find anything on here where anyone else got tickets, just .gilberto for an "Illegal left turn" and none of us can figure out how his turn was illegal. On the police report it shows him turning into a parking lot from the road, it's a 2 lane road, and he was in the correct lane to be turning.
And neither of these 2 had insurance. The 3rd guy did, and his car is all fixed, and .gilberto paid that guys insurance company in full.

There is no way I'd be driving around without insurance, that's for sure.

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