Legal Question in Personal Injury in Indiana
I was asked to take out a loan for the purpose of purchasing a car and assured that the loan would be repaid. The car was to be used to get me to and from school and in the event that I received a job, to and from work. It is however, in the other person's name. The car has been down and the "owner" refuses to repair it, thus leaving me no secure way to get to school and has made me hesitant about looking for work (since I wouldn't have a secure way to and from the establishment). It was agreed, as I stated above that if I took out the loan, the money would be used for the car and repaid and the car used for transport to work/school. Is there any obligation to get the car repaired to fulfill the agreement or am I just in a losing position?
1 Answer from Attorneys
I'm sorry but this does NOT make any sense. First of all this has nothing to do with Personal Injury. It is an oral contract. If you needed reliable transport and YOU had the credit, you should have placed the car in YOUR name.
You tried to have it both ways by getting all needed transportation for free in exchange for using your credit. If the other person had need of the vehicle that did NOT conflict with yours, it was a good idea, provided that you reduced everything to writing, including who was responsible for repairs and insurance.
The problem with all contracts is that you need to know what happens when one party defaults. That is the purpose of having a written contract. You CAN still adjudicate your rights but not as expediently and not with the same degree of certainty.
If the "owner" is a current or former domestic partner, there are further complications.
You MUST mitigate your damages (keep them as low as possible). So you must get another vehicle, continue with school, and find a job so that your loan does NOT go into default, you are not expelled, and you have no wage loss.
This is a very difficult situation that is entirely of your own making.
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