Legal Question in Personal Injury in California
Angry ex-girlfriend, car damage, and possible libel
On a trip w/ girlfriend, her car broke down. I paid $320 for rental car. She said her car's warranty would reimburse. After 11 months, she paid me $160 cash.
In Sept 2000, she accompanied me on business trip. We took her car, and I scraped the corner of bumper. She said no worry, she would make ins. claim.
We split up & on Nov 5, she emailed saying her ins. co. estimated $1500 to replace bumper, but she would get lower bid from local shop. On Nov 6, she said local shop quoted $250. I emailed offer of $250 less $160 owing on car rental.
She called the next am, angry at $160 offset. In spite, she will get $1500 repair and I would pay $500 deductible less $160. She threatened to call my employer. Ten min. later, she left me phone msg, said she called my boss. Per my boss, she told him I refused to pay her car damage.
After call to boss, her email said I misunderstood the $250, and her ins. co. won't pay because she wasn't driving. She wants $1500.
Must Cathy mitigate damages? Can she claim $250, and then raise to $1500?
Should I pay only for out-of-pocket costs? What docs should I require?
Does call to boss = slander? What to do if she calls him again?
Should I get a release before paying?
1 Answer from Attorneys
Re: Angry ex-girlfriend, car damage, and possible libel
If she calls your employer again, depending on the circumstances, you may be able to get a restraining order. That should stop her from calling your employer.
Normally her auto insurance would cover any authorized driver. You should contact her insurance company. If she will not give you the information your auto insurance may either cover the damage or determine the name of her insurance company.
Do not give her any money without receiving a complete release.
You should consider contacting an attorney and reviewing the facts of your case. You may have other options which will give you a better result.
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