Legal Question in Civil Litigation in California

So a little over a month ago I got into a fender bender, We agreed not to go through the insurance but I gave him my phone number. So he never called or anything to let me know what was going on, I thought he had just brushed it off. Now over a month later he is hitting me up saying I owe him $190 for the damages to the car. The reason we didn't get insurance involved or anything is because there is like $5 worth of damage to his car, no one got hurt, no one called the cops and no one went to the hospital. It was very very minor. Now he want $190, but my question is because it was just us and no one made a claim can he even ask me for that money over a month later? I just feel like it's not right.


Asked on 10/06/13, 12:53 pm

1 Answer from Attorneys
Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

He has an entire year to sue you for property damage. As a judge in small claims court, I have seen many cases like yours. If you dispute the amount of damage, you can contact the other person and offer a lower amount. If there is no settlement and the other driver sues you, you can try to establish that the damage claim is excessive. If you do not reach a settlement, the other driver will need to decide whether it's worth it to sue you for only $190. Many people think that they can get the repair costs plus money for missing work, while in court. They are wrong. The missed work day pay is not recoverable. This fact may help you convince the other driver to walk away or take less.

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Answered on 11/06/13, 2:06 pm


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