Legal Question in Personal Injury in California
Neighbor keeps hiting my car while parking his SUV
I noticed this P.M. that my next door neighbor parked his SUV on the street right in front of our houses and that his vehicle's back was touching the front of my truck to the point of having bent the license plate. A neighbor from accross the street was exiting her car and I showed her was had happened. She then told me that that the same thing had happened several times before and that she even had a cellphone picture of one of the incidents. This was all news to me. A few months ago I noticed the same thing occuring but upon speaking to my neighbor and asking him to be more careful I thought the whole thing was resolved.
I just called the police station to ask for advise and they were not too helpful.
1-Can I take him to small claims after I obtain estimates
to replace the license plate holder?
2-Do I need to file a police report in order to take him to small claims court?
3- Will a picture from the cell phone and a notarized statement from the witness be sufficient for small claims court?
4-Do I have to notify my insurance company?.I know I am not at fault, but it will show as a claim in my file?
5-Should I get an attorney to write my neighbor a letter asking him to pay for the damages?
6-Do I have any other options?
2 Answers from Attorneys
Re: Neighbor keeps hiting my car while parking his SUV
It'll probably cost you more to go to small claims court (the filing fee plus time off from work) than replacing it would cost. However, you could write the neighbor a certified, return receipt CEASE AND DESIST letter.
Re: Neighbor keeps hiting my car while parking his SUV
Just how much is this license plate holder of yours worth? Hiring an attorney is unlikely to be cost-effective, and litigating a small claims action will probably be too-time consuming to justify the return. And doing so without trying to work things out informally will probably antagonize the neighbor.
Technically, if your neighbor caused the damege he has to pay for it. Proving that he is at fault may be difficult. People back into cars this way all the time, and the fact that he has done so does not mean that he was the first. For all you know the damage may have been done months earlier by someone else.
Anyway, to answer your questions:
1. Yes.
2. No. Requiring a police report before someone can file a small claims case would make little sense, since small claims cases need not arise from criminal conduct.
3. The picture will be admissible as evidence. A notarized statement from the witness will not, because it will be hearsay that does not fall within any recognized exceptions to the hearsay rule. You will need to bring the witness to court so that the other side can cross-examine her. You can subpoena the witness if she is not willing to cooperate with you. Of course, then you will have antagonized another neighbor.
4. Probably not, though it depends upon what your insurance policy says.
5. If you don't mind spending hundreds of dollars to (hopefully) get your neighbor pay for $40 or $50 worth of damages, then go right ahead.
6. Try telling your neighbor what you told us and asking him to pay for the damage. He'll probably agree, and he'll probably be more careful in the future. Even if this doesn't work, it won't cost you anything.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
