Legal Question in Civil Litigation in Utah

Friend Hit My Car

My friends older brother backed into my car in August of 2004. He immediately agreed to pay for any of the damages rather than report it to the insurance and I accepted this offer. Because we were both getting ready to return to college, I knew he was short money so I did not make him pay right away. Over the next nine months of college I brought the issue up repeatedly just to keep it on his mind, we agreed he would eventually pay. He offered to fix it himself a few times, but I refused because he is not a professional and I want the job done right. Well now it is summer and I am getting ready to sell the car. I gave him three months to earn money, and now that I am trying to collect he is refusing to pay. First is it any way his legal responsibiltiy to pay. We have no written contract, but I do have witnesses to our verbal contract. Also is there some sort of time frame that would make a lawsuit invalid because I waited 11 months? Any advice would be greatly appreciated. Thanks


Asked on 7/28/05, 12:34 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Friend Hit My Car

You have time enough to enforce the oral agreement, but he does not intend to pay. Give him a deadling to pay, and if he does not pay it, then sue him in small claims court. That will get his attention. He is apparently not such a good friend. You will need your witnesses at the small claims court hearing.

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Answered on 7/29/05, 11:19 am


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