Legal Advice. What do you think?

[mushroom_toy]

Alright long story short someone hit my car and agreed to pay me instead of turning it it. We had a verbal contract and no written contract. I got quotes the next day and we all agreed that they would pay $1100 for damages, and I was paid $400 in cash the day I handed them the quotes. The next week they decided they wanted to turn it in to their insurance. At this time our verbal contract was amended so that we agreed after the insurance paid a sum of on or around $1100, that I would return their money to them, but NOT until I was paid in full. I tried to get written agreements several times to no avail. Now a month later it appears I have received a summons and being sued for $400 plus costs. I have still not received and money from the insurance company and trying to get in touch with them is a waste of time. I'm thinking since I haven't received payment from anyone I am counter suing for the full $1100 plus costs. Oral contracts have some standing in court, but its not like a written agreement so Im unsure how the outcome will be determined. I have 3 witnesses, and am reading up on the different statutes, especially the Statute of Fraud which requires that certain contracts be in writing to be enforceable. How do yall think the case will go? There is no written contract so I do not see how anyone can be paid.

[JDMJAYDC2]

i dont see how anyone would get paid i would have never taken the cash at the scene that would have been a red flag that they didnt have insurance or it wasnt their car i would have only done that with a close friend but if you need a donor car i have 2 3rd gens hatch and a sedan both lx

[mushroom_toy]

i dont see how anyone would get paid i would have never taken the cash at the scene that would have been a red flag that they didnt have insurance or it wasnt their car i would have only done that with a close friend but if you need a donor car i have 2 3rd gens hatch and a sedan both lx

mines fine, just some body damage. Not worse then your fender, but my rear quarter was push in some.

[G.C]

None of this would have happened if you would have just called the police. G/l with your case.

[Arm&hammer]

good luck without a written contract.
but since you have witnesses the trial might go your way.
but idk since i have never been in that type of situation.
and like stated above always call 911 in a car accident if it is not your fault.

[Turbo04]

Police should've been called right off teh bat. Verbal contracts are not worth the paper they are printed on.

[mushroom_toy]

Police should've been called right off teh bat. Verbal contracts are not worth the paper they are printed on.

See heres the thing that works both ways for me. If it doesnt hold up thats great, because I will keep the $400 and try to get the rest out of insurance. If they hold verbal agreements to be true then I will either be told to pay $400, or be given $1100.

[ISAtlanta300]

Verbal contracts are not worth the paper they are printed on.

LOL how would that be possible?? uhm.. verbal....

[TheProfiteer]

Police should've been called right off teh bat. Verbal contracts are not worth the paper they are printed on.

I know it was said in jest, but still that just does not sound right.


You're verbal contract might hold up in court as long as he answer's truthfully. If he denies that you two made the contract then the burden lies on your to prove that the contract was made. Which in turn would invalidate his suit.

[tdurr]

I know it was said in jest, but still that just does not sound right.


You're verbal contract might hold up in court as long as he answer's truthfully. If he denies that you two made the contract then the burden lies on your to prove that the contract was made. Which in turn would invalidate his suit.

ding ding.

but sucks luke. Deff try and talk to them. idk wut i would do if my friends pulled some shit like this. It would deff end all friendships wit them..

[mushroom_toy]

They were both close friends before this and it was in their yard, thats the only reason I agreed to accept to not turn them in. I thought they would be respectable and honest, but of course almost no one is in this day.

[JDMJAYDC2]

well thats sucks to have to find out you have such GREAT friends i would try to talk to them again sounds like they are younger kids and mom and pop are like you agreed to pay what..... saw your car's age and was like hell no call the insurance co. friends or no friends looks like you are keeping 400 bucks and getting your car fixed

[mushroom_toy]

But now I have a summons and have to go to court..

[JDMJAYDC2]

basically you need to decide if they are your true friends or not if so talk to em and have them own up to what they said if not keep the 400 bucks go to court and say we didnt make a agreement he was my friend and said he would call the insurance co. now i want my car fixed here are the estimates fix it end of story i hope to see you on judge judy or better yet that spicy latina one they have now ohhh man the things i would do to her in chambers.....

[Julio]

lol @ $400 summons..

[mushroom_toy]

^ Indeed. I guess im gonna go ahead then wait till two days before the deadline, and countersue, that will put the court date around april, and in that time Ill ask that it be he held directly in front of a judge and ask for a venue change to put it closer to me.

[keevo54]

haha keep it.....verbal contract means u never received the money

[HeLLo iM iZzY]

If I was you...I would say I never received any money from him because even if you say you did your agreement still wont mean shit. Just deny getting any money from him and then just wait for the insurance check.

They wanna do you dirty and sue you, be dirty right back.

What goes around comes around.

[Papa_Smurf]

If I was you...I would say I never received any money from him because even if you say you did your agreement still wont mean shit. Just deny getting any money from him and then just wait for the insurance check.

They wanna do you dirty and sue you, be dirty right back.

What goes around comes around.

i agree with this guy luke, FUCK EM!


they have no more proof that they gave you any money than you do for the verbal agreement

[alpine_aw11]

It has to be over 500 for it to require a written contract to be enforced. I don't know how this would work in court exactly, but if you had an oral agreement with their insurance company for 1100 and didn't get it in writing you could possibly get fucked.

[isa2o3]

dude i know what you are going through. The same thing happened to me, instead my close friend hit my car on in the drive way while i was in the car with him. he told me he would pay for it and no need to call the cops. seeing that he was well of and a good friend i agreed. i gave him a estimate of 1000 dollars and he payed little here and there. came to a point where i didnt consider him a friend anymore and had to step up and get a little aggressive. right after i got in his face he gave me the rest of the money. BUT IT TOOK ME 2 YEARS TO GET PAID.

[isa2o3]

moral of the story is, I dont give a fuck if you are my friend or not, you hit my car i am calling the cops and i will be after your ass