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Complicated issue involving ex and damage to car Utah

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  • Complicated issue involving ex and damage to car Utah

    So in my divorce decree it states that my ex will use the Van that is purchased under my name for 6 months and carry insurance on it. After 6 months she would need to forfeit the van to me, which is not paid off yet so it has full coverage. When she returned it, it had a lot of damage about 3k dollars worth. She is refusing to file a claim with her insurance.

    When she took over the van, in November, I dropped her and the van from my insurance. She started her own policy with a different insurer. When she gave it back last week she dropped her insurance and I added it to mine.

    My decree doesn't explicitly say that she needs to maintain it or keep it clean or anything like that, it just says that she is required to insure it.

    She is refusing to file a claim or pay for the work to be done out of pocket. The van was parked in a parking lot and someone hit it and she never filed a report with the police. I have texts and a recorded conversation of her admitting that the damage was done while the van was in her custody. She is just refusing to pay for it.

    Does this seem like something I could take to small claims? Do I have a case? Should I go another route?

  • cactus jack
    replied
    Sounds like it to me as well. However- the law might disagree. Never can tell, so I'm thinking you'd be better off consulting with an attorney.

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  • TheSiege
    replied
    I didnt get any pictures but she has admitted to it via text and a recorded conversation.

    She used my car while insured under her name, an accident happened.
    She has returned my car but is unwilling to take financial responsibility for the damages caused while she was using it.

    It seems pretty cut and dry to me

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  • cactus jack
    replied
    Did you get pics of the van before she got it? If so you're in good shape. If not, that could be a significant problem.

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  • TheSiege
    replied
    I would sue for damage to property not breaking a contract

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  • Betty3
    replied
    Agree - you can try small claims court. You can sue for up to $10,000 in small claims court in Utah.

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  • ElleMD
    replied
    You can try small claims court but if this wasn't anything your agreement addressed and she isn't directly responsible for the damage, you may be out of luck.

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