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QLD Car Crashed by Friend Who Refuses to Pay?

Discussion in 'Debt and Bankruptcy Law Forum' started by oceanicjameson, 4 September 2016.

  1. oceanicjameson

    oceanicjameson Active Member

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    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!
     
  2. Rod

    Rod Well-Known Member

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    You'll see some money, probably through a court ordered payment plan. Can be as little as $10/wk for someone on the dole. Depends on wages.
     
  3. oceanicjameson

    oceanicjameson Active Member

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    Thanks for that input, Rod!

    The mate of mine is currently unemployed, has been for a while so does not have much money.
    He does have a 20,000$ car that has something wrong with its gearbox (hasn't worked in over 8 months), could we argue that payment should be made through the selling/ court auction the car off, as it is an asset of his that he is not Depending on?

    I work in real estate and a car is essential for me. For my car to be taken away because of his carelessness, could this be an option in court?

    Thanks!
     
  4. Rod

    Rod Well-Known Member

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    Unlikely. It may reinforce the view he has no money. I suspect the court would be loath to force a sale of his car for this type of civil action.
     
  5. oceanicjameson

    oceanicjameson Active Member

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    Oh okay, and do you mind if I ask why?

    He has the 2350 and I have screenshots of chat messages between us two where he said it himself, dating back only a day ago.

    Is there any approach you think might be best for me to take?

    Thank you for your help and time rod!
     
  6. Rod

    Rod Well-Known Member

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    For minor civil actions Courts do not want to force people out of their homes or remove a principal mode of transport that may be used for gainful employment.

    You will claim he has no job and no working car for 8 over months.

    He will claim he is actively looking for work, currently has no money to fix car but will have once he finds a job. He may claim he owes money on the car (eg to family member) and a forced sale would still leave him with no money.

    You may find a Magistrate willing to force a sale of the car, but don't count on it.
     
  7. oceanicjameson

    oceanicjameson Active Member

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    That's fair enough I guess. Would you think I could argue that due to the cars worth, the funds left over from the sale of the car and payment for the quote to fix my car, to buy himself a car? As terms?

    I am currently driving a 1995 lancer that my fathers mate bought for a grand. Surely I could use this as an example, reaffirming that I have maintained a job, especially of a seemingly elite caliber that is real estate. The mate of mine wants to do personal fitness / cabinet making, so a vehicle of any cost would suffice.

    Something alike that^

    I appreciate you taking your time , again rod!

    Cheers
     
  8. Rod

    Rod Well-Known Member

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    Don't let my comments stop you. I'm only second guessing what may happen and trying to set your expectations.

    By all means take it to court.
     
  9. oceanicjameson

    oceanicjameson Active Member

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    Certainly!

    I appreciate your help, Rod! I'm very thankful.
     

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