Damaged bumper and fender - small claims? Need advise
#11
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All due respect, you need a new friend... I would be furious if a friend handed over my car that I lent them (which I almost never do as a matter of course) to a third party, particularly with the objective to get the car into an especially tight spot. What, there were no other parking spots around? I would personally go after the third party to collect all of the damages. Hire a lawyer if they don't cooperate.
#12
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I agree. OP, please do not use this option. It raises rates for everyone and it's not ethical.
Wrong, the friend assumes all responsibility for the car when he borrows it. If he gave permission to a third party to park without consulting the owner of the car, he is still responsible for any damage incurred by the third party.
The real lesson here is, never, ever, ever, let anyone borrow your car, wife, or kids. Live by that rule and you will never have a story like this to tell.
The real lesson here is, never, ever, ever, let anyone borrow your car, wife, or kids. Live by that rule and you will never have a story like this to tell.
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Exactly. And if either one had any character, they would both accept responsibility for it and split the cost between themselves. You should not be out anything and are owed an apology. Big time.
#14
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When I used to borrow my fathers car I would baby it and detail it. Not one scratch ever appeared on his car when I drove it. It all depends on the person you let borrow it. Had the person that did the damage said 'sorry I can't afford to pay that much' I would have worked out a deal. Instead he simply blamed it on someone else and not himself. It's all about character.
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IMO, your friend is a moron since it was his idea to park where he had no business trying. At least your friend's friend was cool enough to pay some of the damage costs.
I'd just take whatever both of them offered and never let them borrow your car again. IMO none of this would have happened if you haven't loaned the car in the first place. Lesson learned.
I'd just take whatever both of them offered and never let them borrow your car again. IMO none of this would have happened if you haven't loaned the car in the first place. Lesson learned.
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#18
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Firstly, sorry to hear of your damages by the 3rd party.
Ok, I don't know exactly where you're from but my advice to you is (as a lawyer) this -
1. First, decide whether to proceed to recover the amount of approximately $1,500 from your friend + 3rd party;
2. If you know a friend who's a lawyer who can do some pro-bono work for you, ask to draft up a letter of demand for the amount of damage caused. If you don't, go to a local community legal centre to draft up the letter for you and send them both off to your friend and 3rd party;
3. They probably won't respond and hopefully you can get the lawyer or community lawyer to commence proceedings and also put in an application for judgment against both of them and have it enforced by Court and the Police (to fetch their property) if necessary.
The downside of the above is the following -
1.The cost of the legal fees will be important though because $1,500 isn't very much for a claim especially to use a lawyer... but if it won't cost as much or is about the same as the amount for insurance, you might as well use the above option; and
2. Waiting period - you'll have to wait probably even if you go to Court - at LEAST a month or two;
3. No guaranteed result.
Good luck with it though!
Ok, I don't know exactly where you're from but my advice to you is (as a lawyer) this -
1. First, decide whether to proceed to recover the amount of approximately $1,500 from your friend + 3rd party;
2. If you know a friend who's a lawyer who can do some pro-bono work for you, ask to draft up a letter of demand for the amount of damage caused. If you don't, go to a local community legal centre to draft up the letter for you and send them both off to your friend and 3rd party;
3. They probably won't respond and hopefully you can get the lawyer or community lawyer to commence proceedings and also put in an application for judgment against both of them and have it enforced by Court and the Police (to fetch their property) if necessary.
The downside of the above is the following -
1.The cost of the legal fees will be important though because $1,500 isn't very much for a claim especially to use a lawyer... but if it won't cost as much or is about the same as the amount for insurance, you might as well use the above option; and
2. Waiting period - you'll have to wait probably even if you go to Court - at LEAST a month or two;
3. No guaranteed result.
Good luck with it though!
#19
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#20
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From the photos, your bumpers cover appears to have been repaired/painted before. The only way to prevent future issues with rock chips is to get a new bumper cover. The M bumper is definitely nice!