uninsured and unlicensed aquaintance hit my car, help!

[lanie1997]

CALIFORNIA
My little sister who is 17 allowed her friend, who is also 17, back out her car out of our driveway and she hit my car. This friend has no license or insurance. We agreed to settle things ourselves, through her fellow mechanic, so that insurance companies would be left out. I thought this was a good idea but it has been one month without my car. My car was fixed within a week and the mechanic brought the car to my house expecting payment, he reluctantly released my car after speaking to my sisters friend on the phone setting up a payment plan. Then I thought all was well. Two days later, the mechanic comes back stating that he "forgot to put sealent on the car so that the paint would not become damaged due to weather." I allowed him to take my car and now because the "friend" can only come up with half of the money that she owes the mechanic, the mechanic is holding my car hostage until he receives payment. I have insurance but will I be at fault for not filing a claim and for already fixing the car by other means? How can I get my car back, can I sue the friend? Can the mechanic be sued? I just need all sorts of advice. This happened June 6, 2003. It is now July 5, 2003. I try to contact the person at fault but she is never home or she just beats around the bush stating that she will get the money asap!

 

[badtenant]

Your little sister is at FAULT, she allowed an unlicensed driver to drive the car...its your little sister's neck you should be wringing.


>>>>>>the mechanic is holding my car hostage until he receives payment.

Which he CAN DO, since its not paid for.

Best advice>>>>>>>>Take the friends half the money, YOU pay the other half, and make that dumb sister WORK off what she owes you.

You have to teach your DUMB little sister about responsibility, so it might as well start TODAY!

 

[blazon3]

Does your sister have insurance?

 

[JETX]

"I have insurance but will I be at fault for not filing a claim and for already fixing the car by other means?"
*** Call your insurance company and explain. The worst they can do is deny the claim.

"How can I get my car back, can I sue the friend?"
*** No. She is a minor. You would have to name her parents.

"Can the mechanic be sued?"
*** Based on the information in your post, no. What makes you think he would be liable??

Accept the FACT that the 'friend' will never have the money. Pay the repair bill and get your car back. Then go after the 'friend' in court.

 

[stephenk]

"Or you can report your car stolen and the mechanic will be charged with grand theft"

Wrong advice. The mechanic has a lien on the vehicle for his services. all that will happen is that the police will be upset that the poster is involving them in a civil dispute.

make the claim with your own insurance company. they will go after your sister and her friend for reimbursement.

how much money are you talking about to fix the car?

 

[JETX]

"Or you can report your car stolen and the mechanic will be charged with grand theft."
*** Do NOT do this!! As noted correctly by stephenk, not only will this not work, but the police COULD very likely file charges on YOU...... for filing a false report.

 

[spawn_x]

oops.