Help me and hedges settle a dillema...do my parents owe us a grand?

[dolo amber]

Poll question: Help me and hedges settle a dillema...do my parents owe us a grand?

My mom hit our car, putting a significant dent in the right rear quarter-panel. The estimates came back to be about a grand. They decided they'd rather pay us outright rather than reporting it to their insurance (my dad's speeding + my brother's, um...speeding has put them in not the greatest position insurance-wise :D). This happened last year, and at the time we weren't sure what we were doing with the car in re: keeping or selling so we didn't take the money and told them we'd get back to them.

Now...if we were currently in need of some cash for other reasons (and were honest about it upfront), would they still owe us the $1000?

[Little Wing]

1. Plus interest

stop being so soft

[greatauntoftriplets]

2. What he said....

If they have the cash, let them pay it to you dolo.

[Shell Beau]

11. No, they told the parents to hold off. So no interest should be involved.

The parents didn't choose not to pay! They held off like they were asked to do.

[bigwillq]

3. Use the money to repair the car

If you're not going to put the money towards repairing the car then I don't feel the owe you the money.

[uppityperson]

4. Depends on how you feel about your parents and how would they feel.

An insurance company? No problem. Parents? I'd hold mine to only fixing the car and if it cost more, they'd pick that up. I wouldn't take the money for other things, but only you can decide what to do.

[RiffRandell]

5. Absolutely they owe you cash.

Good luck.

[johnnie]

6. I don't think it is about fixing the car

It is about compensation for the damage that was done to the car. The damage was estimated at $1,000. It would be like getting compensation for cutting your finger off at work, they don't give you money and make you buy a new finger.

[bigwillq]

7. But why wouldn't you use the money

to buy a new finger? :shrug:

[johnnie]

8. You could get a paper mache' one I guess

And then pocket the rest of the cash.

[bigwillq]

9. And dolo should fix the car

and pocket the rest (if there's anything left over)

[johnnie]

13. Here is how I am looking at it

You pay for a car and let's say it is worth $6,000. Someone damages it and it loses $1,000 of it's value. You now have a car that is worth only $5,000 and I think that the person that damaged it should owe you the $1,000 for your loss. If you want to have a $5,000 car and $1,000 in cash, that should be your prerogative at this point.

[bigwillq]

14. She could do what she wants

but why would you want to have a beat up car that she says has significant damage? :shrug:

The logical solution would be to fix the damn car.

[johnnie]

17. That may be true..but

Let's say you are back $1,000 on your mortgage or rent, nice car or roof over your head? I'm not saying this is the case here, but I would think that Dolo and Hedges wouldn't ask about this if they didn't have a good reason.

[bigwillq]

19. But did she not say this happend a year ago?

:shrug: Maybe I am reading this wrong.


I understand that they were waiting to maybe sell the car but the main issue is the car was hit, the parents were offering to pay a grand up front so to me I feel you need to take care of the first priority at hand...which is fixing the car.

That's where the money should go to.

Not oh, we may have a grand to play around with....let's take a grand from my parents and still be stuck with a beat up car.

I understand shit happens....the dryer dies....a pipe bursts......but the money should go towards the car...the parents are taking responsibilty for their mistake and offering to pay for the damages of the CAR.

[johnnie]

22. Obviously we see it from two different points

I think the money is compensation for damaging their property and can be spent any way they feel fit. I understand where you are coming from, I just don't agree. And chances are, I am totally off on this. :shrug:

[bigwillq]

23. Yes, two different points

I just have an issue with the time frame.

I don't know why I am really all that concerned about it.

I am just bored.

[Shell Beau]

10. Well, they owe you the money still but only for the car repairs.

If it isn't going for that then you just need to tell them that you need the extra cash!

[eyesroll]

12. Legally, probably yes (assuming the statute of limitations hasn't expired).

If someone injures you or your property, they owe you damages. Damages are designed to "make you whole," but that's of course not literal (see: wrongful death damages). You're not obligated to use money you receive, for instance, for the value of a destroyed patio table to buy a new one (although I should add that most people, before they go to court for a damaged car, have already fixed their car, making this argument moot in that respect).

My question would be, if you weren't intending on fixing the car, whether damages would be calculated based on the cost of getting it fixed, or based on the difference between the car's resale value with a dent and the car's resale value without a dent (which, knowing what I know about that car, is probably less than $1,000). Perhaps that's your true injury -- loss of car value -- and I'd argue that's what you're owed. (Standard "I'm a proto-lawyer and I have not taken remedies or ethics and I'm talking out of my ass here" disclaimers apply.)

Ethically, though...I don't know. It would depend on your relationship with your parents, and how they would take a request. There's probably not much you can/should do at this point if they say no (unless you want to take your parents to small claims -- in another state, I believe -- which I can't imagine you do). I think you have the right to ask for the money, but not demand it or expect it, which I guess isn't much different from normal day-to-day interaction with people.

[RetroLounge]

18. You sound like a lawyer...

:rofl:

RL

[eyesroll]

20. I'm a PROTO-lawyer, dammit.

:D

Just wait until May '09...

[mainegreen]

15. For the most part, most of us owe our parent about 100,000 at least from raising us...

from the shit we broke, from the pain and suffering we cause them, from the costs of feeding us, clothing us etc.
Of course as parents, you can always ask them for help, but just don't tie it to money they owe you for some car you no longer have, lest they bring up who really owes whom.

:7

[KamaAina]

16. Wasn't this an episode of "Everybody Loves Raymond"?

If not, it should have been...

[Deep13]

21. You suffered a loss. Doesn't matter what the $$ is used for.

An insurance payment would not be required to be used to fix the car. You already cut them some slack by not filing a police report and making an insurance claim. This is assuming you are still within the statute of limitations. If not, they owe you nothing.