Legal Question in Civil Litigation in Florida
who should obtain estimates for car damage?
my friend's 17 yr old daughter and her friend keyed a car. no police report was filed. both girls admitted it and are willing to pay. first, the woman said she wanted $300 but wouldn't provide any paperwork. two days later, a sheriff friend of the woman came to the house and threatened the family to either pay $600 or the daughter would lose her scholarships, kicked off school sports teams and have a criminal record. the parents insisted on some proof of repair costs. the third contact came from the law office in which the woman works. the letter demanded $1,300 (to include $122/ day for rent-a-car.) the letter was not signed by the attorney. the questions are: who should gt the estimate for the repair? how many should she get? who chooses the body shop? how many days are allotted for a rental car? must the woman provide some kind of paperwork? was the deputy wrong for coming to their house with threats and accusations? is the woman who works in the lawyer's office breaking the law if the attorney did not have knowledge of the letter the woman sent on his letterhead? can my friend make the check out to the body shop?
2 Answers from Attorneys
Re: who should obtain estimates for car damage?
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
The woman is entitled to be reimbursed for all legitimate expenses incurred in having her car repaired or repainted to the condition it was prior to the girls' mischief. This would include a reasonable car rental while the work is being done. She is not entitled to make a profit from the wrongdoing of the teenagers. If she continues to make demands that are unreasonable, the families may have to retain an attorney of their own to negotiate a resolution or settlement.
Scott R. Jay, Esq.
Re: who should obtain estimates for car damage?
Interesting circumstances. First, the "sheriff friend" should be reported to the sheriff's office. His approach was a violation of policy I suspect and could be, technically, extortion.
The person whose car was keyed is entitled to the cost of having the car repaired and the cost of a rental car for the time necessary to repair the car. That's it. See if you can agree on a few acceptable places that could perform the repair. You and the claimant should go to the repair shop together and explain what happened and solicit a repair estimate. Agree ahead of time that either the lowest estimate wins the job or that the claimant can pick the lowest or middle estimate. You pay only the repair shop and pay the claimant the cost of a rental for the time necessary to perform the repairs.
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