Legal Question in Civil Litigation in Florida

Friend hit my car, now will not pay

My friend hit my car and at the time was starting a new family he had just got married and had a child on the way so I allowed him not to have to fix my 2002 Mitsubishi Mirage at the time because of money issues that he had it has been almost 3 years that this has happened and within that time he had another child and so was unable to pay well now we are not friends anymore and he has left his family! Now he has the income to pay and is now tell me that he will not pay because it has been longer then 3 years but within the 3 years he knew that he owed me my car to be fixed...Is there anyway I will win if I bring him to Small Claims Court or I'm I just wasting my time? I do have phone calls recorded with him saying I know I still have to pay for your car to be fixed but even with that do I have a chance? Thanks Katie


Asked on 11/25/06, 8:29 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Friend hit my car, now will not pay

You have four years from the accident to sue him . . . . . so don't wait much longer. Sounds like the damage wasn't catastrophioc, so small claims court would probably work. Be sure to be able to prove that he damaged the car while in his possession. Bring pictures and a couple of repair estimates. Remember, you have only 4 years from the date of the accident, so don't wait any longer.

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Answered on 11/26/06, 3:27 pm


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