Small Claims Court Advice and input please?

Question

36days ago a neighbor borrowed my truck. I thought he had full coverage insurance. And by him saying he did, I let him borrow truck. Well, I only have liability. Come to find out, he only does too. He happens to be a 53 year old man, that also has a guardian and a payee for his Social Security, because he can't handle money matters on his own.

SO, I've had to deal with his payee and Guardian only by email.  Now, reading about small claims, it states it's best for the parties to come to an agreement out of court.  This guys Payee is use to dealing with people who can't manage their finances, so he's use to telling people what to do.  I am NOT one of his clients  and I can manage my own finances on my own.  This man now emails me telling me where I am to take my truck to get it fixed and when.    Am I wrong or what?  I don't have to take orders from the party responsible for damaging my truck, do I?   I gave them tell early Monday morning to let me know what they would offer in respect to damages.  They didn't contact me by email tell 4 pm. I'd already did all the paperwork and sent fees into court. Now this jerk is telling me what I have to do.  I do not like it    Since when does he have the power to tell someone when and where to go fix their vehicle?

babyboomer1001 · Accepted Answer

He does not have the power or the right unless you give it to him.

Rosalie · Answer

Just present him with the bill.
No, he cannot dictate where the vehicle will be fixed. 
He may argue that the place he is suggesting will fix it for a reasonable price if he has used them before - so you may want to get a couple of estimates to compare. But that is up to you.

Keep in mind also that if the place he is suggesting will do it for a certain price that is lower than your choice, he may only give you that much. Even if you settled IN court, you may or may not have the benefit of enforcement.

You would be smart to do as much as you can to get this paid, and in the process get your truck fixed. It's actually a good sign that the payee is telling you to  go somewhere, because that is the next step after agreeing to pay for the damages. They could just as easily be dragging their feet and finding ways not to pay - so you may want to play along. Ultimately, what you want is to have your truck back in decent shape - no matter who they pay to do the work.

So yes, it should be up to you- but this may be one battle you lose in order to win the war. Try to look beyond the way he is speaking to you- it's true, he was put in charge of this guy because it's a difficult job. Don't bother taking it personally, or it just makes you look immature. Do what it takes to get the end result, and understand he has a lot more than you to contend with.

Spock (rhp) · Answer

be sure to remember, when you settle this, to ask for your car rental expense on top of the damage.

AND, since you don't have collision coverage, the car rental should include their collision damage waiver at whatever the daily rate is -- you don't take the risk of having to replace the car rental company's $15,000 car when yours is a $4,000 vehicle -- the person who caused the damage takes that risk and they do it by paying for the waiver.

sanatemale · Answer

there are forms you can take to court and turn all around your favor youtube small claims case lots information there

Murzy · Answer

to sue in small court, you will need fix their vehicle. that will be the amount you sue for.

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Small Claims Court Advice and input please?

5 Answers