QUESTION

Someone I thought I could trust took and crashed my car. Hes agreed to pay me $400 a month. If he signs and notarized agreement will this hold up?

Asked on Apr 23rd, 2021 on Contracts - Florida
More details to this question:
Police wonโ€™t help since he was sleeping over and night before had permission to borrow car but the next night I told him no and he snuck and took car while I slept and crashed my car. My insurance considered it a total loss and my insurance paid me for my car but now Iโ€™m without a car and will have to buy a new one. He paid me back $1900 and agreed to $400 a month through texts until total value of my car( which car insurance adjuster Figured out amount) is met which is $4100 left. If I type up a simple payment agreement and this guy gets it notarized at bank or usps and signs it will this hold up in small claims court if he stops making his payments? Weโ€™re using cash app for proof... thanks. Also I live in pal. Beach county but he lives and this happened in broward county Florida.
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1 ANSWER

Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
2 Awards
If your insurance paid for the damages you cannot get more money from the at fault driver. They likely have a subrogation claim and will file a lawsuit against him sometime in the next 5 years and likely impede his drivers license until he repays them. If the find out he paid you, then they may turn around and sue you for reinbursement. 
Answered on Apr 23rd, 2021 at 2:06 PM

All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.

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