Legal Question in Civil Litigation in California
can my neigbbor get me to pay for paint damage to his car?
i hired a painter to paint my house. he did not have a contractor's license. during the course of painting, he accidentally (allegedly) got some paint on my neighbor's car. my neighbor took the car to the car wash but it didn't come off(so he says). now he wants it detailed and if that doesn't work, he wants it painted-that may be his plan in the first place- i have not paid my painter and i'm considering holding back $ for the possible costs. am I liable for the damages or is the painter? should I let the painter and neigbor fight it out? will my homeowners insurance pay if i need to get involved.help!
2 Answers from Attorneys
Re: can my neigbbor get me to
Sounds to me like the painter is an independent contractor which makes him liable for the damage, not you. You should report the claim to your home owners insurance company just in case as this is required under your policy. Late reporting of claims can sometimes result in denial of coverage, although this is very rare.
Re: can my neigbbor get me to pay for paint damage to his car?
Your painter is responsible for any damages that he causes. I would right a letter to your neighbor explaining the situation and provide him with the painter's address and telephone number so they can work something out. I would also call your insurance company and let them know what happens so that if your painter refuses to pay and your neighbor comes after you, you are protected. Good luck.
John Hayes
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