Legal Question in Civil Litigation in Massachusetts
believe I'm being scammed. I went to a supermarket with a friend of mine to pick up some dessert for a party. I parked the car, went inside, bought a few things, and came out when there was a man standing in front of my car. He asked me why I hit his car, which was parked in front of mine. I said that I didn't hit it, and that I didn't remember his car even being there. Honestly, I thought at that point that it might have been there and maybe I did hit it. The damage to his car was so slight, it was a barely noticeable scratch on his bumper. He said that the security cameras would provide the answer and that he already called the police. I gave him my registration and insurance information and my drivers license when the police arrived. After recounting the story, the police said that he would not be reporting it because no crime had been committed, there were no injuries, and he could not establish who was at fault. I proceeded to get his insurance/reg/dl info and I told him that the damage was so slight insurance wasn't going to do anything. He'd have to pay the deductable anyway. So, thinking that I might have done this (he was very convincing). I offered to pay him for what I thought was going to be $50 in repairs. I told him to call me when he had a bill. At this point my friend who was with me the whole time went over to talk to a man who was watching, and this guy said he saw the whole thing and that the man had backed into my parked car, got out of his car, looked at the damage, drove away, and came back later and put his car back where it was and waited for me to come out. My question is this...If I told this man that I would pay for the repairs before I learned of the witness do I still have to pay him even if it wasn't my fault and I think he is scamming me, and what legal recourse do I have? Also, can he sue me based on what I told him before the witness came forward?
3 Answers from Attorneys
You do not owe him any money if your actions did not cause damage to him or his vehicle. Your promise to pay him money was based on his fraudulent misrepresentation of the facts. If this goes too much further, please feel free to contact my office for a consultation.
I hope your friend obtained the name and number of the witness. If so, I would contact the police and ask them to press criminal charges against him. I would not sue him, but, if he files a claim, make sure your insurer does not pay.
Also, you don't have to pay him the $50.