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Blake Noble

By Blake Noble
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Blake Noble Newbie

Blake Noble

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Hmmm ...

http://louisville.craigslist.org/cto/1239418525.html

It's a damn shame, though, that I have to sue who I thought was a good friend for the money he owes me for the damages he caused. But that's life. He's going to cough out the KBB value on my Firebird: $3650. If I buy that F-Bod, I'll have $1650 left over. I'm thinking I'll buy a few things for it, including a set of these since I could then afford it ...

bpw18189.jpg

:scratchchin:

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Blake Noble Newbie

Blake Noble

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I'll throw up some pics of what shape its in tomorrow, but I'll tell you the story now.

Basically, coming back from Richmond around midnight on the Fourth of July, I got sick after eating White Castle. I had cold chills, nausea, and a something of a headache. It might have been food poisoning, I'm not sure. I had a friend of mine with me who I asked to drive my car back home to Berea because I got to the point where I couldn't drive (oddly enough, he didn't get sick that night). Heading back into Berea, he decided he would be a show off and try and drift my car around a corner that lead to the road that would take you in front of Dairy Queen. He gave it too much gas, lost control of the car, tried to regain control and not go into the ditch (on the left hand side of Clay Drive) between Richmond Road and Clay Drive by hitting the brakes and cutting the wheel to the right, a big mistake obviously. He wound up hitting the foremost pole supporting the DQ sign at over 30 mph, totaling my Firebird. Damage to the sign? Nothing. He just uprooted a few shrubs.

As for the Firebird, the doghousing and inner fender are crumpled like a Coke can. The hood is far from being the straight, uniform piece of metal it once was. The driver's side fender is busted in two. The front bumper is ripped and torn and has a piece of the driver's side fender still bolted to it. The driver's side strut tower has been pushed back into the master cylinder. Total cost to repair my car? About $5300 bucks, $3000 if I do some of the work myself.

My friend is refusing to pay on our terms, so he's pretty much f@#ked himself when he did that. And he has the ability to pay some of it now and some of it later, an option I gave him, and yet he's still refusing. He says he'll pay me in September one day, August the next, then in February when he gets back from National Guard boot camp. None of that is acceptable and I honestly don't believe he has any intention of paying me for what he done at all. I need to find a job and without reliable transportation, that won't happen. And I'm not driving the Cutlass daily after the money that's been invested into it. I'd die if someone wrecked or totaled that car. So he's going to court. I have a case of destruction of private property on my hands; even though I did allow him to drive my car, I am not responsible for his neglect and his choice to drive recklessly and irresponsibly in a vehicle that did not belong to him. So I'm giving him one last chance tomorrow to pay me something so that I can at least have a down payment on a loan or he won't be shipping out and achieving his dreams in the Guard on Tuesday. They won't ship him out with a court date and criminal charges pressed against him. It's wrong for him to expect me to put my life on hold and let things fall the f@#k apart for me while he farts around in Fort Worth, Texas having the time of his life, getting paid for doing goddamn jumping jacks at 7 in the morning.

Edited by YellowJacket894
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FAPTurbo Newbie

FAPTurbo

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Wow what a dicktree. You're lucky you haven't gotten too angry on him. If I were in the same position, I'd have probably had him filing for a disability discharge before he headed to Texas. :P

Good luck, and at least you still have that Cutlass, which I'm still very, very jealous of. 8)

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Blake Noble Newbie

Blake Noble

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The cost to repair the car would be more than it's value. That quote I figured up for an estimate $3000, providing I put the hood, fenders, and bumper valence on myself, doesn't include a quality paint job and god knows how much that is going to cost.

Oh yeah, I forgot, he broke the tie rod end on the driver's side of the car. More expenses there.

I also needed to repair the dents in the rear quarter panels as well before she got totaled.

So there really isn't any hope for the car. The cost to fix everything is just too much to dish out.

I'm going to part it out and probably put its rims (until I get the money to buy the Year One Snowflake repros then I'll keep them for winter tires), Monsoon amp and Pioneer sound system, and taillights in that Firebird I want in Shepardsville so something from it can live on (I did that with the S-10 I totalled; I wound up putting its vents, IP fascia and rims on my Sonoma; it's something I always do with cars of mine that go to the great junkyard in the sky).

Edited by YellowJacket894
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Blake Noble Newbie

Blake Noble

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Wow what a dicktree. You're lucky you haven't gotten too angry on him. If I were in the same position, I'd have probably had him filing for a disability discharge before he headed to Texas. :P

If he doesn't pay me, I'm going to break his kneecaps, pimp-style. :P

Good luck, and at least you still have that Cutlass, which I'm still very, very jealous of. 8)

You'll be even more jealous knowing the Cutty is now 90 percent restored. :smilewide:

All she needs now is a new rear bumper, the headliner installed, a new driver's side interior door panel, a few small rips in the passenger side seat patched up, a new A/C compressor, front passenger seat belt buckles, some wiring issues fixed, and this weird issue with the windshield wiper motor sorted out. Odds 'n ends really.

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Blake Noble Newbie

Blake Noble

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Couple of questions.

1) Do you have insurance?

2) Did you authorize him to drive your car?

If the answer is yes to both of those questions, you may have a hard time recovering in court.

Well, yes (I had liability) and yes.

But I've looked into this. Although I did ok him to drive my car, he was the one who chose to drive recklessly. The accident is his fault as the neglect is a result of his actions. He is the one responsible for what happened.

An example: http://www.lawguru.com/cgi/bbs/message.php...9725&view=a

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Croc Newbie

Croc

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Couple of questions.

1) Do you have insurance?

2) Did you authorize him to drive your car?

If the answer is yes to both of those questions, you may have a hard time recovering in court.

Second one is irrelevant.

Well, yes (I had liability) and yes.

But I've looked into this. Although I did ok him to drive my car, he was the one who chose to drive recklessly. The accident is his fault as the neglect is a result of his actions. He is the one responsible for what happened.

An example: http://www.lawguru.com/cgi/bbs/message.php...9725&view=a

You are correct. I've seen enough Judge Judy to know that authorizing someone to drive a car doesn't exculpate them from responsibility for damages incurred during their stint of driving...even if they only did it as a "favor," ESPECIALLY since there was clear, demonstrable evidence of negligence on his part.

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Blake Noble Newbie

Blake Noble

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You are correct. I've seen enough Judge Judy to know that authorizing someone to drive a car doesn't exculpate them from responsibility for damages incurred during their stint of driving...even if they only did it as a "favor," ESPECIALLY since there was clear, demonstrable evidence of negligence on his part.

I even have evidence; the police report will show that he admitted that he was behind the wheel, although he lied to the police and said that he wrecked because "he looked down to change the song on [his] iPhone."

... That's another charge, and that one won't be filed by me against him once the authorities know the truth: falsifying a police report. And if he still sticks to his story, it still shows negligence on his part.

He's going to be in deep $h! for this, more ways than he can imagine.

Edited by YellowJacket894
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ocnblu Newbie

ocnblu

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Oh man, Jacket, that is a royal bitch. All your Fbird plans dashed by a lunatic. I wish you the best in recovering your loss. Liability insurance pays for the other guy's car, not yours, as you know, so you're SOL on that. Please let us know how you make out.
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Croc Newbie

Croc

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I even have evidence; the police report will show that he admitted that he was behind the wheel, although he lied to the police and said that he wrecked because "he looked down to change the song on [his] iPhone."

... That's another charge, and that one won't be filed by me against him once the authorities know the truth: falsifying a police report. And if he still sticks to his story, it still shows negligence on his part.

He's going to be in deep $h! for this, more ways than he can imagine.

I assume you were present when the police report was being filed, so what role did you have in condoning the police report to be falsified? Just trying to bring up all possible points against you so you are able to account for yourself thoroughly (and win).

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Blake Noble Newbie

Blake Noble

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I assume you were present when the police report was being filed, so what role did you have in condoning the police report to be falsified? Just trying to bring up all possible points against you so you are able to account for yourself thoroughly (and win).

Since I was very sick and honestly was almost asleep when he did what he did, I just told the police why he was driving my car and that I didn't know exactly why he wrecked. As for how I know he was trying to drift my car is because he admitted that to me when we came home that night and the tow truck dropped my car off. He said, his exact words, "Man, your car handles like $h!! You couldn't drift it worth a f@#k!"

Edited by YellowJacket894
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Blake Noble Newbie

Blake Noble

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If you want to know what I honestly think he did, I think he might have slipped something in my food when I wasn't looking, making me so sick so that I couldn't drive and he could, so he could take my car for a joyride. If he wrecked my car with malicious intent, I wouldn't be surprised.

Today, I told him I had a lawyer ready to take the case to court, which I do. He's now saying he'll pay me in payments of $600 bucks every four weeks until he pays me a total sum of $4000 dollars, the KBB value of my car plus some of the money that I invested into it. I'm going to have a payment due on the 30th of this month. If he pays me and keeps paying me, I'll keep it out of court. But if he decides not to pay, he's as good as fresh meat for the inmates at the Fayette County Jail. And if he decides to pay me then stop payment, even better. That will only further prove his guilt and dig his hole deeper. I've got the f@#king bastard in a noose, walking on eggshells, and that's the way it's going to stay. If he makes one wrong move, he's had it. If I don't grab him by the short hairs, he will never repay me for what he did and I know that. This whole ordeal has proven him to be a two-faced, lying piece of $h!.

In addition to the destruction of private property charges, I can also sue him for slander and terroristic threatening. That's a different (but somewhat related) story, though. If he screws this up, I will pile every charge I have against him right on top of him.

Edited by YellowJacket894
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Croc Newbie

Croc

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If you want to know what I honestly think he did, I think he might have slipped something in my food when I wasn't looking, making me so sick so that I couldn't drive and he could, so he could take my car for a joyride. If he wrecked my car with malicious intent, I wouldn't be surprised.

What evidence do you have of this?

I have a very hard time seeing how he would have had the opportunity to do something funny to your White Castle food, but far more believable to me is that you were served an undercooked burger or something, and he was not...hence why you were sick and he wasn't.

Unless you went to the hospital, and have a medical report showing you were drugged, I'd stop that train of thought immediately, because at best it's tin foil hat territory, and at worst, it will make you seem mentally unbalanced in front of a judge.

In addition to the destruction of private property charges, I can also sue him for slander and terroristic threatening. That's a different (but somewhat related) story, though. If he screws this up, I will pile every charge I have against him right on top of him.

Slander? Don't be an idiot, here--you MUST maintain a calm, level head to maintain the upper hand. Slander is incredibly hard to prove. You should research this yourself, specifically what the steep burden of proof consists of, and honestly decide if you have anything close to it.

As for terroristic threatening...unless you have solid, doubt-free proof of this, I'd recommend you not bring this up either.

Stay calm, cool as steel--that's the only way to handle these kinds of things.

Edited by Croc
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Blake Noble Newbie

Blake Noble

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What evidence do you have of this?

I have a very hard time seeing how he would have had the opportunity to do something funny to your White Castle food, but far more believable to me is that you were served an undercooked burger or something, and he was not...hence why you were sick and he wasn't.

Unless you went to the hospital, and have a medical report showing you were drugged, I'd stop that train of thought immediately, because at best it's tin foil hat territory, and at worst, it will make you seem mentally unbalanced in front of a judge.

I'm not going to go so far as to accuse him of that when it comes crunch time, but it's just really bothered me that I got so ill that night and he didn't. What bothers me even more is that, if he didn't tell the cop that I was stone cold sober that night, the cop would've suspected me for public intoxication. Those two little things only feed the distrust I have for him.

Slander? Don't be an idiot, here--you MUST maintain a calm, level head to maintain the upper hand. Slander is incredibly hard to prove. You should research this yourself, specifically what the steep burden of proof consists of, and honestly decide if you have anything close to it.

As for terroristic threatening...unless you have solid, doubt-free proof of this, I'd recommend you not bring this up either.

Stay calm, cool as steel--that's the only way to handle these kinds of things.

I have proof for both, actually, in the forms of text messages he sent me.

He threatened my mom, who has been helping me get to the bottom of this outside of the legalities I've researched, by telling me "that had better get her straightened out because she is walking on eggshells" and that "she needs to get her grubby hands under control." His exact words. Mom took it as a threat and I can see what she means. He does have a gun packing a nice little dose of firepower that the Guard issued him and he's said that killing someone wouldn't really bother him before.

He was also trying use blackmail on me to prevent me from using any assistance I could use against him by saying that he would say that I let him drive because I "was drinking, doing hardcore drugs, etc., etc." Basically trying to pin his f@#k up on me. He tried to convince my mom of that so she would stay out of it, but she knows me better than that, so his bright little idea backfired on him. I know he was also trying to buy himself some insurance that he could get in control of the situation when the situation wasn't his to try and control in the first place.

It sure does sound like terroristic threatening and slander to me ...

Edited by YellowJacket894
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Croc Newbie

Croc

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I'm not going to go so far as to accuse him of that when it comes crunch time, but it's just really bothered me that I got so ill that night and he didn't. What bothers me even more is that, if he didn't tell the cop that I was stone cold sober that night, the cop would've suspected me for public intoxication. Those two little things only feed the distrust I have for him.

I have proof for both, actually, in the forms of text messages he sent me.

He threatened my mom, who has been helping me get to the bottom of this outside of the legalities I've researched, by telling me "that had better get her straightened out because she is walking on eggshells" and that "she needs to get her grubby hands under control." His exact words. Mom took it as a threat and I can see what she means. He does have a gun packing a nice little dose of firepower that the Guard issued him and he's said that killing someone wouldn't really bother him before.

He was also trying use blackmail on me to prevent me from using any assistance I could use against him by saying that he would say that I let him drive because I "was drinking, doing hardcore drugs, etc., etc." Basically trying to pin his f@#k up on me. He tried to convince my mom of that so she would stay out of it, but she knows me better than that, so his bright little idea backfired on him. I know he was also trying to buy himself some insurance that he could get in control of the situation when the situation wasn't his to try and control in the first place.

It sure does sound like terroristic threatening and slander to me ...

Nope. Doesn't pass muster. And while I can see why you/your mother felt threatened/intimidated...but that's largely because of what you know, not what he actually said. Heresay is inadmissable.

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Blake Noble Newbie

Blake Noble

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Make sure you have a written contract with him on the payments, and it may even be beneficial to have it notarized in case you do need to go to court.

There lies a problem: all agreements so far have been verbal and I have no clue to as to where his actual whereabouts are so he could sign such an agreement. He said he was heading out on a plane in one day two days ago. And he was at home this morning it seems ...

It's great to know the US military is recruiting such quality people into it's forces.

This should confirm what's been said for months now: our military is desperate for new recruits.

Edited by YellowJacket894
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Justin Bimmer Newbie

Justin Bimmer

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Then if you cant do a contract with him, the next best thing to do is send him a confirming memo to his home address where it says in the memo on what day and time you made the verbal agreement and what it entails. Then you put in the memo "if you have any changes to this agreement, please reply by mail in 10 days"

If you can, try and send it either registered mail or some kind of delivery confirmation. Maybe even send it fedex or ups and require a signature. I think USPS may do signature confirmation.

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capriceman Newbie

capriceman

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It's great to know the US military is recruiting such quality people into it's forces.

Well they skim off the bottom because the average person goes to college or starts working. The military is a good 60% kind of not normal and 40% outstanding citizens.

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z28luvr01 Newbie

z28luvr01

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This sucks, YJ. Accidents are sobering for people like us, because you are forced to realize that noone cares about your car as much as you do.

I don't know how far you're willing to go for a deal, but take a look at this. It's not too far from me.

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Blake Noble Newbie

Blake Noble

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I'll go anywhere for a car if it's the right one and the right price. That Firebird you linked me to, Z, is pretty nice. I might e-mail the owner and see exactly what "high miles" mean. If it's over 150,000 to 160,000 miles then it would break the deal, but then again 100,000 miles is considered as high mileage to some people ...

There's also a 1994 or 1995 Formula I found in London about 35 miles away or so. It needs seats (which I would pull from my old Firebird) and is in very, very bad need of a paint job. If it's mechanically sound, I'll take it off the guy's hands for $1500, which, considering the condition its in, sounds like a very fair price to me. The guy's had it all the way back when I was looking for a car to replace the Sonoma earlier this year. I could have it painted for another $1500 and have about a $6,000 dollar car for $3,000.

I'm just considering that Formula at this point, though. I sort of doubt that he'll let it go for a price that is reasonable.

Edited by YellowJacket894
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