My question involves an injury that occurred in the state of: Arizona
Here I go again. Helping a friend wade through this accident and a Justice Court law suit filed.
My friends son was involved in a hit and run accident with injury and transported to the hospital. His vehicle was totaled and only had liability. Another vehicle hit sustained minor damage. The at fault driver fled leaving the vehicle at the scene. A responding officer ran the VIN/Plate and the registration was expired no insurance information found in the vehicle. However, an officer found a bank statement in the vehicle showing the name and address within a short distance from the accident location. This person earlier in the morning reported the vehicle stolen. An unknown person/witness stated the person fleeing the accident stated in Spanish he would be back walking in the direction where the person reported the vehicle stolen. The driver never returned. One of the officer's went to the address of the person who reported the vehicle stolen which matched the name on the bank statement. This person showed the officer a bill of sale and stated the only key for the vehicle was in possession of his mechanic who lives in Mexico. There were no signs of forced entry, hot wiring or any ignition key damage. However, this guy failed to take title to the vehicle into his name. The vehicle was still titled and registered to another person. The vehicle was definitely not insured by either the buyer or the seller owner. Filed a suit naming the buyer with the bill of sale and the actual titled owner. Applied for a default but both parties filed meaningless answer's. The buyer provides an exhibit of the front of the title with his answer. The titled owner attaches the back of a title showing a notarized backside of a title. Kinda weird why neither copied and attached front and back as an exhibit. My friend on behalf of his son called the buyer which he said he didn't title and register the vehicle because of mechanical problems and being unable to pass emission's testing. He's lying because the emission test record's shows the last time the vehicle tested and passed was in 2016. Neither party is attempting to settle the matter. We believe the titled owner sold the vehicle in good faith and properly had the title notarized and provided the buyer with a bill of sale unknown if she has a copy of the bill sale. She failed to notify MVD of the sale. We don't believe she is liable but still named her. On the other hand the buyer failed to take title but he could have obtained temporary drive permit's to drive the vehicle and could have had liability insurance on the vehicle.
So, right now at this point my friends son has to submit his disclosure statement. Both were sued for the maximum amount. $10,000.00 He now only wants to recover the market value of the vehicle nothing for injury or medical bills.
So, the question: Is it proper or improper for my friends son to send a letter to the buyer requesting or proposing a settlement in an amount to cover the loss of his vehicle in order to settle without him having to go further through the court process.
Thanks again for the response.
DDSA

