Legal Question in Civil Litigation in Florida

My Manager asked to ride my son's brand new CRF80F dirtbike( it was on my carrier on it's way into the shop for it's first service). At my hesitation he said "If I wreak it I will buy him a new one" Hopped on and then crashed it in the parking lot . It sustained $17,000 worth of damage( the bike was bought brand new for $2,800 less than 1 month earlier). He now refuses to pay for a new one or to even fix this one. In a meeting with the owner of the company he agreed to pay for the crash estimate and to replace the bike but refused to actually do it. I was told that if I wanted the bike fixed I needed to first pay for the crash estimate($162.30) then bring the bike to "his guy" who would then fix it. Nothing has happened and He is flat out refusing to do anything......Is there anything I can do?


Asked on 10/26/09, 5:34 pm

2 Answers from Attorneys
Sarah Grosse Sarah Grosse, Esquire

Sure, you sue him. He wrecked it, he bought it (or at least has to pay to get it fixed). Get a couple of estimates, send a demand letter to the person who wrecked it, and if he doesn't pay for the repair (or replacement), then take him to court. You do not take the bike to "his guy" to fix it.

I think you mean the damage is seventeen hundred (rather than thousand), in which case, you sue in small claims court. You don't need a lawyer, but you will have better luck if the demand letter comes from an attorney.

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Answered on 10/31/09, 6:14 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

You hace $162 of damages. Go get it fixed wherever you want to and send him the bill. If he does not pay it, sue him in small claims court. Make sure he knows that when you win, he will owe you not obly the $162, but the taxab;e costs of the suit, which is probably about $250 more.

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Answered on 11/01/09, 10:01 am


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