Legal Question in Traffic Law in Georgia

Auto Damage

What is the right procedure to handle this matter.

Drive on a major highway. This person in from of me gas cap was on the back of her trunk. It flew off and hit my mirror on the drivers side and broke it off the truck. I followed the individual to let her know what had happen. We exchanged information. I notified her of the expensive to replace the mirror. I told her the mirror cost $88.80 and to have it replaced costed $50. Well she sent a check for only $50. When I deposit the check she placed a stop payment on the check and my bank charged $6.00 for this transaction. I have also written her a letter identifying the receipt of what was done to replace the mirror. Now I am out of pocket of $145.60.

Do I have the right to take this person to small claim. court.

Thank you for your time in advance.

Rhonda Burris-Ward


Asked on 10/22/02, 2:23 pm

1 Answer from Attorneys
Deric Beaudoin Mabry & McClelland, LLP

Re: Auto Damage

yes you do have some recourse. it wouldn't have anything to do with the traffic thing though. your recourse would now be for breach of contract. the contract was formed when she agreed to pay you for the mirror by giving you a check, and she breached it when she did the stop payment. what a dirty thing to do, i think a magistrate or municipal court judge would sympathize with you mainly because the lady pulled a dirty trick. go to you local magistrate or municipal court and file a complaint for breach of contract, you will have to sue her in the county where SHE lives though (if you know), you will also need her address (but you probably have that from the check) good luck, any questions give me a call - glad to help. (404) 728-8027

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Answered on 10/23/02, 8:06 am


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