Hey there,
Around two months ago, my friend asked me if I could give him a lift to pickup a new TV for him. Out of being a good mate, I said sure. He asked if he could drive and I said why not. He was in bumper to bumper traffic and started to text whilst driving. His lack of attention caused him to accelerate into an old mans big 4x4's rear metal step attachment. This pretty much totalled the front end of my car, coming to 6.8k worth of damages.
Then and there he told the old man that he would pay for the damages done to him. A week had passed and the old man came to my house and asked why he couldn't get in contact with my friend. I later told my mate about this and told him to fix him up. A week or two passed after that and an insurance claim came in my mail. I told my mate and he said "I thought you were dealing with it?".
At the same time of the accident, we mutually agreed to get quotes done from our preferred vendor. I got mine done and he never bothered. I repeatedly checked up on him to see if he did, and it was always an excuse "he's out of town", "there's a waiting list". He agreed and I have proof of him agreeing to paying the 2350 excess.
He originally agreed to pay to fix the car, as a person would, asked if I could take it through insurance, but as it is on paper not my car, and I am not listed as a permitted driver on our insurance plan, as it is my parents car and plan, they decided against it as it would bring up our premiums.
I told my friend this and he got mad.
I told him after a few days spanning, a list of options he had. Entailing to pay the quote in full, an instalment plan, or we'd take it to the lawyers.
He got defensive and said something along the lines (I do have proof / screenshots though) "as you are now forcing me into a quote I did not agree too and as I was previously okay with paying the 2350 excess, I am going to seek legal help in regards to this"
Now, my car has been sitting, fixed, at he panel beaters for 2 months now. It's getting to the point where my parents may need to sell there car just to afford to pay the bill that he incurred.
My friend has made no effort what so ever to even remedy this in the slightest. Is there anything legally we can do to get reimbursement for the quote?
I have heard that if taken to small claims court, even if ordered to pay, you'll never even see a cent of it? Is this true?
Any help would be greatly appreciated!
Around two months ago, my friend asked me if I could give him a lift to pickup a new TV for him. Out of being a good mate, I said sure. He asked if he could drive and I said why not. He was in bumper to bumper traffic and started to text whilst driving. His lack of attention caused him to accelerate into an old mans big 4x4's rear metal step attachment. This pretty much totalled the front end of my car, coming to 6.8k worth of damages.
Then and there he told the old man that he would pay for the damages done to him. A week had passed and the old man came to my house and asked why he couldn't get in contact with my friend. I later told my mate about this and told him to fix him up. A week or two passed after that and an insurance claim came in my mail. I told my mate and he said "I thought you were dealing with it?".
At the same time of the accident, we mutually agreed to get quotes done from our preferred vendor. I got mine done and he never bothered. I repeatedly checked up on him to see if he did, and it was always an excuse "he's out of town", "there's a waiting list". He agreed and I have proof of him agreeing to paying the 2350 excess.
He originally agreed to pay to fix the car, as a person would, asked if I could take it through insurance, but as it is on paper not my car, and I am not listed as a permitted driver on our insurance plan, as it is my parents car and plan, they decided against it as it would bring up our premiums.
I told my friend this and he got mad.
I told him after a few days spanning, a list of options he had. Entailing to pay the quote in full, an instalment plan, or we'd take it to the lawyers.
He got defensive and said something along the lines (I do have proof / screenshots though) "as you are now forcing me into a quote I did not agree too and as I was previously okay with paying the 2350 excess, I am going to seek legal help in regards to this"
Now, my car has been sitting, fixed, at he panel beaters for 2 months now. It's getting to the point where my parents may need to sell there car just to afford to pay the bill that he incurred.
My friend has made no effort what so ever to even remedy this in the slightest. Is there anything legally we can do to get reimbursement for the quote?
I have heard that if taken to small claims court, even if ordered to pay, you'll never even see a cent of it? Is this true?
Any help would be greatly appreciated!
