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Discussion in 'Auto Accidents, Injuries' started by meandhendrix, May 17, 2017.

  1. meandhendrix

    meandhendrix Law Topic Starter New Member

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    Jurisdiction:
    Indiana
    So I'm going to try to make this short and simple.
    One evening in November my car stalled while I was driving.
    I was on my way to my boyfriend's house to meet him and his friends for a game night.
    I spotted a neighbor that tried to help me jump my car since I didnt know exactly what was wrong with it and the neighbor let me borrow his phone to make a call to my boyfriend who never answered. After many tries, I couldnt get ahold of my boyfriend, and the neighbors proceeded to help me push my car into a parking spot. I get a ride to my boyfriends from a neighbor who's a couple blocks over. I get to my boyfriends, he doesn't want to deal with it until the next day.
    Fast-forward to when we finally get to fixing my car. I'm left at my boyfriends while my Dad and him meet up at my car to put in a new battery in order to drive it from there to my boyfriends only a couple blocks a way. My Dad follows behind my boyfriend to make sure he gets my car to his house safely. My boyfriend runs a stop sign and my car gets t-boned at an intersection.
    My insurance pays for the damages for the ladies car, but I'm stuck with a passenger door that doesn't open.
    I hound my boyfriend for weeks to get him to call his insurance to cover me. Finally, he does.
    The insurance company tells me to bring my car to their partnering body shop to have the damages repaired. They tell me I need a $500 deductible to get my car out of the shop. Sometime between my boyfriend wrecking my car and me taking it to the shop, we break up. But he still agrees to pay the $500 deductible which I received.
    A few days after recieving the deductible and the insurance company inspecting the damages, they give me a call and say that fixing the damages would exceed the amount that they were willing to cover, so instead they wanted to total my car and give me the amount my car was valued at, $2700, minus the $500 deductible, which totaled $2200 that they gave me. I figured I should keep the $500 deductible since that's was included in the total value of my car.
    Fast-forward three months later. A couple days ago I get a call from my ex and he's screaming through the phone about how I lied and that he's taking me to court for fraud. He says he's suing me for taking that money that was supposed to be for the deductible and keeping it. My thing is, is that I feel like that money was still mine, even though I no longer needed it in order to retrieve my vehicle. It was the remaining difference of my car's worth. Am I wrong? Can he really sue me for this without having signed anything? What should I do? Please help :'(
     
  2. army judge

    army judge Super Moderator

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    Wrong is a moral judgment.

    The concerns itself with fault, rather than blame.

    YES, he can sue you.
    He can sue anyone he desires to sue.

    You should return the $500.

    You weren't even insured, until YOU had him add you to HIS policy.

    Plus, he DID replace your worn out battery.

    Did YOU reimburse him for that?

    No need to answer, I don't need to know, you need to think.

    You walked away with $2,00, yet you believe you should have it ALL.

    I suppose when he sues you, the court will have to decide.

    I'm just another unknown dummy on the 'net.
     
  3. meandhendrix

    meandhendrix Law Topic Starter New Member

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    Okay since you brought up moral judgements, all I ever did was act morally.

    Like i said, it was my dad who brought the battery. It was from my Dads '95 f150.



    Also i believe it'd be usueful to provide certain context. My ex is 29, I'm 22. He lives in a house in which his parents pay the mortgage while they live in a separate house an hour south of here. He has said on multiple occasions that he hates his parents, especially his mother.



    Second, i drove my ex everywhere in that car, my poor '97 mustang convertible. He managed to wreck many cars in his lifetime including his car he wrecked about 3 months prior to wrecking mine. His mom literally confiscated his car (that was given to him by his mom).

    Also i believe it'd be usueful to provide certain context. My ex is 29, I'm 22. He lives in a house in which his parents pay the mortgage while they live in a separate house an hour south of here. He has said on multiple occasions that he hates his parents, especially his mother.[/QUOTE]

    Also, it was his parents insurance that covered me. He doesnt pay for that insurance but he is covered under it.

    Like i said, my insurance paid for the damage of the woman's car that t-boned mine.
     
  4. army judge

    army judge Super Moderator

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    Despite his shadowy, suspect life; YOU chose him to date.

    You knew, or soon learned he was seven years older than you, and yet you continued to date the deadbeat.

    He lives with mom and dad.

    Sadly many other twenty-somethings, even fifty-somethings live with mom and dad.

    Despite his living arrangements, his poor driving record, his unique ability to wreck automobiles, you stayed together.

    None of my business, but you revealed those details to me, so i guess you were soliciting my comment.

    Yes, he can sue you.
    I can sue you.
    Anyone can sue anyone they wish.

    People threaten to sue everyday, and most never do.

    Will he sue you?

    Only time will tell.

    Give him the money, keep the money.

    I don't care which choice you make personally.

    Legally, he can make an argument that you owe him $500.

    Will the judge care?

    I am too dumb to know.

    I doubt he'll sue, and if he doesn't, the $500 is yours.

    We all reap what we sow.
     
  5. mightymoose

    mightymoose Moderator

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    As I see it the insurance company valued your car at $2700.
    The car was totaled.
    You received $2200 from insurance and $500 from the ex, equal to the value of the car. You have been made whole.

    If it were me I would not return the money. Be prepared to show any documentation you have showing insurance valuation of the vehicle and how much they paid you. So long as you aren't over the value of the vehicle there is nothing to return.
     
    meandhendrix likes this.
  6. leslie82

    leslie82 Well-Known Member

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    Also, it was his parents insurance that covered me. He doesnt pay for that insurance but he is covered under it.

    Like i said, my insurance paid for the damage of the woman's car that t-boned mine.[/QUOTE]

    I wouldn't give him the money and I'd say go ahead and take me to court. If he does, he does. If he doesn't oh well.

    Maybe be a little pickier on who you date in the future. None of what you said has any bearing on if he took you to small claims court.
     
  7. ElleMD

    ElleMD Well-Known Member

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    Things that do matter: he paid you for a deductible you never paid out and chose to keep.

    What doesn't matter: why he was driving your car, his living arrangement, who pays for his house, his relationship with your parents, that you broke up, his driving record.
     
    army judge likes this.
  8. mightymoose

    mightymoose Moderator

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    What matters is the value of the car that the ex is responsible for.
    Had the ex not already given her the $500 she could sue him to get it and be made whole.
    The ex made it easy by coughing it up to begin with.
     
  9. army judge

    army judge Super Moderator

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    If a small claims case is brought, the judge will decide the legalities and ownership of the $500.

    Until that happens, the possessor of the money is the rightful owner, seeing as how she claims he gave it to her.

    Did she misappropriate it?

    Did she keep it illegally?

    Those, and other issues could be litigated.
     
  10. meandhendrix

    meandhendrix Law Topic Starter New Member

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    By no means did i steal the money. He handed it to me.
     

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