After Taking Over Payments on a Car and Totaling it, Title Owner Kept Insurance Check

[Fletch_T]

My question involves small claims court in the state of: North Carolina.. Hi I'm Tim and I took over payments on a Honda Civic September 10th, 2010, I have a typed up agreement that the owner of the vehicle and I signed to put the possession of the car to me along with the full payments of vehicle as the insurance to vehicle insurance was to remain under her name until the loan of vehicle was paid off. When the vehicle was to be paid off in full to the bank the car was to be in my possession unless she wanted the car back and she had to pay me all the payments I have made on the vehicle if she decides not to take the car back after car is paid off the title was to be signed over to me. I was driving the vehicle that was in my possession at the time and a boy pulled out in front of me and I hit him totaling the Honda, the insurance sent a check out to the lady I had this agreement with in the amount of said vehicle, she split the check she received with her mom she went and put another car she bought with the check a 2003 Eclipse and put it in her moms name hoping I could not do anything about it. She has this agreement with me so she wouldnt get the car repo'd and her credit ruined so as a really good friend I took payments over to help her out and to help myself cause I needed a good vehicle to drive I have 3 kids a wife and one 2 seater old truck. Please tell me if I have any way of doin anything about this please, I am out 800.00 the amount I paid on car loan and a vehicle, Thanks Soo Much For Any/All Responses!

[CourtClerk]

You aren't out $800. You were in possession of the vehicle for just about 2 months, and you paid for the use of said vehicle. You'd be out money if you PREPAID for the use of the car, but you didn't.

[Fletch_T]

Courtclerk,
Thank You sooo Much for your rapid response, and for taking the time to read my post. I'm much obliged
However, I had a friend to post this thread here for me because she uses it herself, & didn't properly post the details. I'm sorry for that misunderstanding. The person whom I had the agreement with was very near 3 months in arrears with the finance company which totaled $810.00. She had it parked at my home for 1 week before our said agreement to avoid repossession, and I did pay $810.00 directly to the finance company the vehicle was financed through to catch up the payments on it the same day that we both signed the written the legal agreement. During the short length of time that I had possession of the vehicle, I made yet another payment on the vehicle for the amount of $270.00, payed her insurance company $98.00 twice during the short duration of time that I had it(2 Months, TBE) and payed $72.00 for overdue maintenance( which included an oil change, cabin filter replacement, & all fluids inspected & filled). So, actually, I'm out $1,348.00, to be exact. In conclusion, once again, my apologies for the misunderstanding and for the confusion about my situation. That's my fault for asking a friend to post it because I don't know absolutely anything about a "Forum" or "Thread", & my grammar is terrible...lol! I had my wife to post this response. But, as for my question about my current situation, can/will you or anyone that reads this post tell me if I have any way at all in getting the money back that was put into the car at the very least?! I have a disabled wife, 3 children with my wife (1 boy, age 17, & 2 girls, age 11) to care for, 1 other daughter(age 21) from a previous relationship that I'm currently making monthly payments on her student loan as she is currently in college For B.L.E.T training to better her HS education for herself, and my 2 year old grandson as well. I'm also unemployed at this time due to a permanent lay off from the company I had been with for 20 years! Being under these circumstances, I can't afford to be out 1,348.00! It makes it worse when the person that got you into this situation was supposedly a friend of 20 years> I honestly believe that "Money" is the root of all evil....<---I know this comment was irrelevant, but as I'm I'm currently unemployed, and the person I had this agreement with knows my ENTIRE situation with struggling at the moment to care for my family, then she does this?! What she did is soo very wrong & hypocritical. Yet all I can do is wait for a response from a wonderful person in a forum online to shine some light in my direction, so that I'll know what I can do "legally" to AT LEAST get the money back that I'm rightfully entitled to, and keep praying about it. Once again,if there's ANYONE on this forum that has the knowledge that I need concerning my situation, I would deeply appreciate your reply asap! Thank you ALL in advance for any/all advice, and God Bless everyone that takes the time to read this! Until then, I'll keep praying for a solution.

[Who'sThatGuy]

Assuming you drove the Honda for at least a month and the monthly payment was $270 and another $98 for insurance then I would say you are owed $980 of the $1,2348.

The real problem is how are you going to recover that $980?

You could always ask her for the money and hopefully she has something left after the insurance check that she has already cashed, otherwise you need to sue her in small claims court.

Make sure you keep all documentation of money that you paid out in order for her to keep her credit in good standing.