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Old 08-07-2005, 11:09 AM
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Join Date: Aug 2005
Posts: 1
Question sue co-lessee for nonpayment

My ex-fiance and I are both listed as co-lessee on a lease agreement for a 2004 bmw 325i. The car is,however, fully insured, paid for and registered in ny, under my name alone. Afew months ago, I loaned my car to him, and he hit something in the road. The car went in for servicing, and he paid the first part of the bill, approx. $1,200. The car was supposed to be completely fixed, when the mechanic heard a sound. Then ,the car went into their body shop( for a stabilizer rod?), and is now ready to be picked up. I now have a new bill for this new amt($2,200+).(I was unaware that the car had to go into their body shop, as they were in contact with him, and not me.) He left his credit card, which they imprinted and kept on file, until they were done. They billed his card for the 'servicing' of the car and were paid already, but they won't use the same method this time. They claim they need to physically 'see' the card in their body shop, because they are 'different' from service dept, at bmw. SO, now, I am facing a bill that I didn't know about, can't pay, they won't use my ex.'s card, and he refuses to talk to me, let alone pay for the job. He was the reason why the car was taken there to start. It was his 'accident' that precipitated the car going into bmw for service, and at the time, he said he would pay for it. Can I take him to Small Claims Court to sue for damages? It seems complex, yet it may be very simple finding a solution to me getting my car back. Please help!!!!!

Last edited by jadonnia : 08-07-2005 at 11:14 AM.
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Old 08-08-2005, 01:18 AM
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Join Date: Jul 2005
Posts: 146
Cool Going about this the wrong way

Quote:
Originally Posted by jadonnia
My ex-fiance and I are both listed as co-lessee on a lease agreement for a 2004 bmw 325i. The car is,however, fully insured, paid for and registered in ny, under my name alone. Afew months ago, I loaned my car to him, and he hit something in the road. The car went in for servicing, and he paid the first part of the bill, approx. $1,200. The car was supposed to be completely fixed, when the mechanic heard a sound. Then ,the car went into their body shop( for a stabilizer rod?), and is now ready to be picked up. I now have a new bill for this new amt($2,200+).(I was unaware that the car had to go into their body shop, as they were in contact with him, and not me.) He left his credit card, which they imprinted and kept on file, until they were done. They billed his card for the 'servicing' of the car and were paid already, but they won't use the same method this time. They claim they need to physically 'see' the card in their body shop, because they are 'different' from service dept, at bmw. SO, now, I am facing a bill that I didn't know about, can't pay, they won't use my ex.'s card, and he refuses to talk to me, let alone pay for the job. He was the reason why the car was taken there to start. It was his 'accident' that precipitated the car going into bmw for service, and at the time, he said he would pay for it. Can I take him to Small Claims Court to sue for damages? It seems complex, yet it may be very simple finding a solution to me getting my car back. Please help!!!!!
OK, I think you are going about this the wrong way. This is an insured car! Report the accident and have the insurance pay for it! The $1200 your ex already paid can go towards the deductible. I can’t imagine you needing to pay a thing.

Talk to your insurance company. If they give you too much trouble, talk to a car accident lawyer. However, car accident lawyers are looking to make money, and that involves a percentage of the pain and suffering award. Without any physical injuries I doubt you would get a car accident lawyer too excited about this case. Still, I suspect you can just work this out with your insurance company directly.
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