: need some advice, friend drove my v and spun it !!!



lilgCTS-V
02-27-12, 11:12 AM
i let my friend drive my v one night, wouldnt you guess im in the passenger seat and traveling about 50 mph he down shifts to 3rd on a damp night and he spins it (he nails the throttle car goes sideways and he nails the brakes total noob move) , we hop a curb bending 3 rims and landed 2 feet from a pole. I'm surprised how strong this car is because all that was damaged was the wheels and 2 tires, my alinement is still perfect and my mechanic said everything looks perfect. the only shitty part is after forgiving this kid after he was crying like a girl telling me he was gunna pay for it 2 months went by and hes avoiding me at all costs and im 3400 bucks in the hole -_- . do i have a case in taking him to court ? and advice would be awesome.

AAIIIC
02-27-12, 11:38 AM
One piece of advice would be to buy your wheels and tires someplace that won't cornhole you. How the hell are you $3400 in the hole from 3 wheels and 2 tires? :confused:

As for your "friend," if he won't pay up, take him to small claims court. Hell, maybe you could be on TV like the dude a month or so ago!!! Seriously, $3400 is a pretty significant chunk of change. If your "friend" isn't mature enough to follow through on his word, then force his hand.

And a final piece of advice would be to not let morons drive your car. :nono:

lilgCTS-V
02-27-12, 11:41 AM
yea i learned the hard way, i thought i could trust him, and i have 20'' makaveli's each rims new runs around 1400 bucks. And he asked me to drive it and thinking he would repsect my word to not rip on it he did the exact opposite.

odthetruth
02-27-12, 11:47 AM
Small claims court time.

Tackelbarry
02-27-12, 11:51 AM
Why didn't you call the police , on the spot, and file an accident report? Being a retired L.E.O. that would have documented him, in the report, as being the driver. In most states you can still file a report, after the fact, for up to two years, depending on the circumstances. Unfortunately, at this point, it is just your word against his. And you have already found that his word means nothing. However, if you live in Texas, what he did might qualify as a "kill'in" offense. lol! Good luck!

lilgCTS-V
02-27-12, 11:59 AM
I have witnesses seeing him pull away in my car .

Tackelbarry
02-27-12, 12:33 PM
I have witnesses seeing him pull away in my car .

That will definately help. I suggest you contact the L.E. agancy that covers the area where the accident happened and ask them to do an accident report. In N.C. it is a DMV-349, unless something has changed since I retired. The agency will also inquire as to why you did not call at the time of the accident. 1) No other vehicle or property damage. 2) Supposed friend was going to remedy his actions. Again, just advise based on my L.E. experience in N.C. Hope this helps.

lilgCTS-V
02-27-12, 12:38 PM
I also fixed everything and have receipts.

fazz1225
02-27-12, 05:19 PM
Man that sucks that 3400 could have gone to the heads and cam fund... Definitely file a small claims form

shadybx7
02-27-12, 07:42 PM
that sucks man those wheels were hot. RIP wheelzz:nono:

https://fbcdn-sphotos-a.akamaihd.net/hphotos-ak-snc7/404841_1647549872199_1340490593_31553007_432631335 _n.jpg
let us know how it turns out

EdmundGTP
02-27-12, 07:52 PM
Get new friends..

Faber
02-27-12, 08:45 PM
Mght as well give small claims court a try. Low cost w/exception of your time. However, not certain you'd be able to recover - can't the guy claim stupidity and get away with it?

RADEoN
02-27-12, 08:57 PM
you won't be able to do shit in small claims court. forget it. you gave him permission to drive your car. you will lose.

your best bet would have been to file an insurance claim, and tell the insurance company what happened, and they would have paid you, and likely went after him for the funds.

Faber
02-27-12, 09:26 PM
Can't subro a permissive user for 1st party

RADEoN
02-27-12, 09:32 PM
so he would have been better just turning it into insurance...

lilgCTS-V
02-27-12, 10:22 PM
that sucks man those wheels were hot. RIP wheelzz:nono:
let us know how it turns out
thats the picture after it was fixed!

thebigjimsho
02-28-12, 12:21 AM
Man, I thought I had my new donor V.


I keed, I keed. Glad you got it fixed and that its solid...

AAIIIC
02-28-12, 09:48 AM
you won't be able to do shit in small claims court. forget it. you gave him permission to drive your car. you will lose.
I have no legal knowledge, my suggestion he try small claims court was based on nothing more rigorous than, "someone owes him money, he should take him to court," so I could be completely off base. But I would think that if he had a verbal agreement with the "friend" to "not rip on it" that he would still have a claim.

If the friend were driving and got rear-ended or was involved in a "normal" accident like that, I would agree that he has no claim - sometime shit happens when we drive. But in this case, the "friend" caused the damages due to reckless driving. When we agree to let someone drive our car it's a reasonable assumption that they're not going to drive it recklessly, but the "friend" violated that.


Can't subro a permissive user for 1st party
Is that legal jargon, or just an incoherent sentence?

lilgCTS-V
02-28-12, 01:09 PM
well guys im gunna talk to my lawyer and see what we can do because my shitty friend told me to fix everything then give him the bill so i did, im not gunna sit here and eat 3400 bucks when he told me he would paid, if i could go back i would of just bought team dynamic wheels for a grand and wrapped my kdw's on em and called it a day.

wcryan
02-28-12, 01:24 PM
Those wheels are sexy as hell though

Faber
02-28-12, 01:44 PM
Is that legal jargon, or just an incoherent sentence?

legalesque jargon - sorry. Basically when you let someone use your car, they in essence become "you" for all intents & purposes of your insurance policy. Thus, if he submits a claim for damage to his car (1st party) they would cover it under the stupidity clause, but the insurance company would not be able to recover the damages (subro) against the person who he let drive the vehicle (permissive user) because that would be like going after the insured which then makes paying for collision coverage a stupid option b/c you'd only be able to collect when you aren't at fault. Doesn't really impact him directly b/c your damages would be covered but for your deductible, just the insurance company would have no recourse.

One side thought could be that the permission he granted to let the person use the car was limited to regular driving, when that person decided to "get on it" he exceeded the permissive use allowed and thus became a non-permissive user of the vehicle. Proving that the "getting on it" was an intentional act as well as something that the person using the car considered to be "getting on it" vs. just spirited driving is where it would become a judgement decision. His actions post accident as well as the shifter set up (guy can't claim mis-shift from 5th to 3rd @ 50mph too easily) are in your favor, however I think you're then into a he-said she-said argument and with a supped up hot rod of a car, a judge will likely assume that some shennanigins are expected when you let someone drive the car because that's what it was meant to do...(not that I agree with it, just calling it like I see it)

lilgCTS-V
02-28-12, 01:50 PM
i specifically said follow the speed limit, and that was the agreement before letting him drive, do you think i should add that he almost killed me because the car stopped sliding 2 feet from a telephone pole.

AAIIIC
02-28-12, 03:33 PM
Thanks for the clarification, Faber. :)

CadzillaTN
02-28-12, 04:03 PM
Some of life's lessons are free, some are expensive.

A couple you've hopefully learned are: don't let young/inexperienced people drive your unpredictable car - the V is well balanced but clearly it takes time to master..especially on the street.. the power is sneaky and it can turn on you if you are careless.....and, don't buy uber expensive car rims.

I'm guessing you are young so this will all be past history at some point..

Faber makes a good point, insurance is going to be a gauntlet and court might blow up in your face, but still might be worth dragging him through if the friendship is toast forever..

lilgCTS-V
02-28-12, 04:30 PM
yea i am young i just turned 20, and i did learn a big lesson here im really lucky that my dad helped me out and nobody got hurt, he wouldnt bring it to insurance my dad just paid for everything and he is getting his lawyer to handle it, what ever happens happens. I just think if a man damages another mans property you replace it.

Wingsfan4life
02-28-12, 06:17 PM
Sucky indeed, but realistically you did give him permission to drive and he turned into an idiot and crashed beating on it...I had a similar situation and yielded nothing but a bill I had to pay...Mark it up as a mistake and learn a lesson...no one but youreself drive the car...I don't let anyone ever drive a vehicle of mine unless its my winter beater...but if you do end up receiving compensation on this, I'm sure you will let us all know. Good luck!

JFensty
02-28-12, 06:19 PM
Wouldn't this be consider a comp claim if filed through insurance? No car on car. Thus it would not be a chargeable event against you or your premiums. I say go for both court and insurance. One should pay if the other fails.

Tackelbarry
02-28-12, 09:10 PM
Actually, this was a single vehicle accident. So comp will not cover it. If there was other property damage that happened, ie. torn up grass owned by the dept. of transportation, there could be negative ramifications for not calling the police when it happened. Unfortunately, at this point, the best course of action maybe to let the attorneys fight it out, and it will be the he said/he said in court. Agian, just unpaid for advise from a retired L.E.O.. Good luck.

CadzillaTN
02-28-12, 10:01 PM
Attorney fees, especially if it goes beyond a threat letter, will quickly eclipse the cost of repairs. Most likely the kid and his family don't have the cash anyway.. so even if awarded money, you'll probably end up with a net loss even if you "stick it to him".

In this case driver should at least attempt to pony up something- a third, or anything to show good faith in trying. I saw this happen when I was that age and that's about the best outcome I witnessed.

Luckily I wrecked all of my own cars, and none of my friends owned 400hp rwd cars or I would have wrecked those too. You just don't make good decisions at that age.

99 out of 100 16-21 year olds would wreck a V if given long enough. Hell even lil g might wreck his again before it's all over.

Faber
02-29-12, 07:30 PM
Wouldn't this be consider a comp claim if filed through insurance? No car on car. Thus it would not be a chargeable event against you or your premiums. I say go for both court and insurance. One should pay if the other fails.

It'd be covered under Collision - vehicle was in motion when he colided with the curb thus causing the damage. There'd be no issues with the claim being covered, though the insurance company may only pay up to the cost of stock rims/tires if the OP did not notify the insurance company about the more expensive aftermarket rims/tires. Plus they'd likely pony up for used/refurbished ones at a reduced cost. So you'd likely be looking at being able to recover around $450 per rim/tire minus your deductible from insurance.

Regarding being able to be surcharged, while it would be considered at fault, since someone else was operating they shouldn't be able to surcharge the OP for it, though if they have a claim free discount it would likely wipe that out.

Faber
03-11-12, 11:44 AM
Curious if any updates on this?

lilgCTS-V
03-11-12, 12:19 PM
I got a phone call for the first time from him in a month he said he almost has my money, only time will tell