Legal Question in Administrative Law in California
Paint Overspray
The company next to us was painting containers outside on a windy day. Overspray got on three cars, one being mine. They are only taking care of two of the three cars. The one denied being mine. What can I do?
2 Answers from Attorneys
Re: Paint Overspray
You can either (i) have an attorney send a demand letter, or (ii) sue them for damages in small claims court, or both.
Re: Paint Overspray
I agree with the previous answer, but first I think you should do some investigation to find out why your claim or potential claim wasn't handled along with the other two. There are numerous possibilities, and you need to come up with whatever information you can (if you don't already know the answers) because this information may affect your next step.
Among the reasons why you are treated differently might be (1) your car was illegally parked and the others weren't; (2) your damage is less severe; (3) the other owners hired lawyers to present their claims and you didn't; (4) you didn't get credible estimates of your damages from paint shops; (5) your demand to be taken care of simply got lost in the shuffle; or (6) ????????.
If you haven't already done so, and if you can, ask the other two owners how they accomplished getting their damages taken care of, or ask the prospective defendant to give you a clear reason for rejecting your claim while not rejecting the others. With this information, you'll be better prepared to present a claim in Small Claims Court and to anticipate defenses that may be raised.