I have a few questions and need some advice about this possible case. Thanks in advance for all input here.
Not long ago my son, (17 and will be 18 in two weeks) was driving a friend's (Jessica) car. Him and his buddy (Andy) were enroute to pick up Jessica, who is also Andy's girlfriend. Andy has no valid driver's license. They hit a car and damaged the front fender and door some. No police report was taken. This is in Maricopa County, Phoenix, Az.
The damaged car's owner (Sara) wants it repaired, that is understood and is fair. My son and Andy had permission to drive the vehicle from Jessica to pick her up. Her insurance is claiming that he didn't have permission to drive the vehicle and is denying the claim. Only one person in the car had a driver's license...
Sara has just served me and my son for damages of $2500 in small claims court. This, I believe, is way more than the actual dollar amount of damage done. Andy says that they had permission and is on our side, (at least for now.) I'm not sure if Jessica told the insurance company the truth or lied and tried to cover her butt.
Should I let this go into small claims court and try to build our case? But the real case isn't against Sara, even though she's initiated the court case... Try to settle out of it? How can I dispute Jessica's auto insurance company's (state farm) neglecting to pay Sara? Should I hire a lawyer to help with this? Sara was very rude to my daughter once before, has yelled at everyone involved over the phone at one time or another, never told me that the insurance company denied claim before filing with small claims court, was not at the accident scene (her husband was driving the car) and doesn't know that my son turns 18 in two weeks. (Only reason I mention that is that he works only part time [in high school,] makes no money and any garnishment for any settlement against him would be pointless.) Any court date will be after his b-day.
Thanks again for any help.
Not long ago my son, (17 and will be 18 in two weeks) was driving a friend's (Jessica) car. Him and his buddy (Andy) were enroute to pick up Jessica, who is also Andy's girlfriend. Andy has no valid driver's license. They hit a car and damaged the front fender and door some. No police report was taken. This is in Maricopa County, Phoenix, Az.
The damaged car's owner (Sara) wants it repaired, that is understood and is fair. My son and Andy had permission to drive the vehicle from Jessica to pick her up. Her insurance is claiming that he didn't have permission to drive the vehicle and is denying the claim. Only one person in the car had a driver's license...
Sara has just served me and my son for damages of $2500 in small claims court. This, I believe, is way more than the actual dollar amount of damage done. Andy says that they had permission and is on our side, (at least for now.) I'm not sure if Jessica told the insurance company the truth or lied and tried to cover her butt.
Should I let this go into small claims court and try to build our case? But the real case isn't against Sara, even though she's initiated the court case... Try to settle out of it? How can I dispute Jessica's auto insurance company's (state farm) neglecting to pay Sara? Should I hire a lawyer to help with this? Sara was very rude to my daughter once before, has yelled at everyone involved over the phone at one time or another, never told me that the insurance company denied claim before filing with small claims court, was not at the accident scene (her husband was driving the car) and doesn't know that my son turns 18 in two weeks. (Only reason I mention that is that he works only part time [in high school,] makes no money and any garnishment for any settlement against him would be pointless.) Any court date will be after his b-day.
Thanks again for any help.
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