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Being served, can someone advise?

  • 08-07-2009 5:05pm
    #1
    Registered Users, Registered Users 2 Posts: 2,861 ✭✭✭


    Hi,

    I'll try keep it short, a few weeks ago I was backing out of a parking lot in the building I work in in heavy rain and as I did i backed into the side of a mercedes slightly damaging the wing on it, small dent. I went in and explained to the owner what happened and neither of us wanted to run it through insurance or inform the guards as it was very small I said I would pay it.

    He came back to me a while later with a bill of €500 for the repair which I tought was very expensive given it was a tap, I agreed on 350 and payed €50 to begin but since then i have been unable to pay the remaining as i've fallen on some hard times, bills out the door, mortgage, less hours in work and i've explained that i'm due some money and as soon as I had it I would pay the remaining but want a recepit of the work.

    Today he comes to me and hands me a court summons, claiming that he has two witnesses that saw me back into the car (Never heard of this before), is claiming €1500 in repairs which is outragoues ammount + €900 for his loss of earnings???! from bringing the car to a mechanic + legal fees. Now there is no way I can pay this and asked him to run it through insurance and he refused.

    Am I screwed in court theres no way i can pay this without loosing my home if i have to pay that ammount the damage was TINY to his car! To be honest i think he is trying to have all his dents removed and repairs done to the car and have me pay the all he seems the type that can play people very well.

    Thanks for any help.


Comments

  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Send the summons to your insurance company. Let them deal with it.


  • Registered Users, Registered Users 2 Posts: 2,861 ✭✭✭Irishcrx


    I don't know if they would deal with it given that the accident was a couple of weeks ago.


  • Registered Users, Registered Users 2 Posts: 7,606 ✭✭✭Jumpy


    See it from his point of view.

    You agreed on a fix price, you paid a minimal amount, then gave him no definition of when he would see the rest. He gave you a chance, you didnt take it.
    I am on his side on this one.
    In saying that, a few weeks ago it a very short time when it comes to insurance claims. Tell them you were going to settle but it has all changed. They will have definitely come across this before.


  • Registered Users, Registered Users 2 Posts: 2,861 ✭✭✭Irishcrx


    I do see it from his point of view, and did tell him that he would be payed in the next two weeks when I have money. My gribe is that he now wants €2500 instead of €350 which is extortionet.


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Insurance company and now.


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  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Irishcrx wrote: »
    I don't know if they would deal with it given that the accident was a couple of weeks ago.
    They have no choice in the matter. They must deal.
    Even if the summons arrived 3 or 4 years later the insurance company must deal with the issue.

    Are you sure it is a real summons and not a solicitors letter? Very unusual to go straight to court after only a few weeks with no solicitor involvement.


  • Registered Users, Registered Users 2 Posts: 2,861 ✭✭✭Irishcrx


    Thanks for the advice, from what I can see what he handed me was a copy of his application that he sent into the district court, he didn't have his proper address on it (Work address only) of mine, no solicter signed it.


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    So this is just a scare tactic. An unstamped summons is worthless. Also there are certain criminal offences committed in trying to pass something off as an official court document. He is just trying to put the wind up you. Contact the insurance company without delay.


  • Registered Users, Registered Users 2 Posts: 1,169 ✭✭✭dats_right


    Bond-007 wrote: »
    Contact the insurance company without delay.

    100% agree. Afterall, that's what they are there for and such a small claim should not necessarily have an enormous impact on your renewal premium either.


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