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QLD How to Get Housemate to Pay for Car Damage?

Discussion in 'Property Law Forum' started by Bradley1996, 8 July 2016.

  1. Bradley1996

    Bradley1996 Member

    8 July 2016
    Likes Received:
    Hello, here is my problem. Any help on how to proceed would be great.

    My housemate came home one night at 11pm after a night out drinking. Between then and the morning, my housemate took my car keys and took my car for a drive. He did not have permission to drive the car and does not have a drivers licence.

    He then returned at 11am the next day with the car. There has obviously been a collision and there is significant damage to the front of the car ($500-$1200 damage). He claimed it was hit when parked but from the marks, it's clear he hit something at speed, most likely a highway barricade or something.

    So now the damage is not covered by car insurance since he was illegally driving the car and intoxicated and the car insurance did not cover for him driving. He has also not paid rent for over 2 months (no lease signed but $100/wk was agreed on, $1000 outstanding rent). He has not been home in the days after the accident and I am pretty sure he is going to try grab all his things and move out while I am out of the house (without paying for any rent or damages).

    I have 4 witnesses, not including his friend that was in his car when he returned the morning he returned with the damaged stolen car.

    What can I do to get money from him to pay for the car and/or the outstanding rent?
  2. Rod

    Rod Well-Known Member

    27 May 2014
    Likes Received:
    Get a quote asap. Prepare a letter for him to sign acknowledging he will pay for the car, attach the quote to the letter. Have two copies of the letter, one for you and one for him. Recommend keep rent and car separate from each other. Might make complicate things if you join the two issues together. Maybe a prepare a second letter re: rent.

    When discussing this with him give him a choice: Sign letter and pay in full, or matter will be reported to the police and he'll be taken to court for damages and all costs associated with court.
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