Legal Question in Personal Injury in California
Property damage- private parties
In early 2006 my coworker got drunk and danced on the roof of my car leaving a series of dents. She apologied and offered to pay- both verbally and via email. I asked her to please hold off, I didn't have time to deal with it. Last week I asked her to help pay. This is her email:
''I had the money set aside 8 months ago when this happened and am now totally broke. So, I--name removed--really not sure when I will be able to afford it now.... if at all. Sorry but I tried to take care of this when it happened and to be honest, the statue of limitations has passed''.
I believe the statute of limitations is longer than this. Do I have a case here? The repairs should be no more than a few hundred dollars, should I even bother?
Thanks much.
4 Answers from Attorneys
Re: Property damage- private parties
What an ass hole! Excuse my lingo here.
The SOL for property damage is 3 years; for verbal contract (she verbally promissed to pay for it) is 2 years; and for a written contract (she wrote you an email promissing to fix your car or remedy the damage she caused in an assumption for not getting sued) is 4 years.
Take her to the small claims court, the limit is $7500.00 and ask for punitive damages in addition to the damage estimate. Get a judgment and garnish her wages - you know where she works!
Nail her ass to the wall, she deserves it.
Re: Property damage- private parties
If you present receipts in small claims court, and the judge believes your testimony, then you will probably win. Therefore, the next venue your friend should be dancing should be in an adult bar trying to earn the money to pay for your car!
Good luck.
Re: Property damage- private parties
Statute of limitation for property damage is 3 years, for personal injury it's 2 years. But do it sooner, rather than later, and then you can choose when to enforce the judgment. The judgment is good for 10 years and may be renewed at that time.
Re: Property damage- private parties
You will likely win in small claims court, though you may lose a friend over a few hundred dollars. Ask her to make monthly payments affordable to her. If she refuses, then you may want to sue her, since she is not really much of a friend. As someone else has already told you, the statute of limitations on filing a lawsuit for property damage is 3 years .