Legal Question in Civil Litigation in Missouri

Oops!

A friend recently loaned her pickup to me during a move across town. While I was using her vehicle I damaged the driver's side door. Upon return of the vehicle I told her what happened and I mentioned that I planned to take care of it but would need some time due to financial issues. She works for an auto dealer and I suggested that she take it in to work and have an estimate completed. The vehicle is a 1990 Ford Ranger pick up with 130k miles in reasonably good condition. She purchased the vehicle for $1000 about 3 months prior. The estimate is $725. I explained that I thought for this vehicle $725 was unreasonable especially for a door ding. Two days into this she requested payment for the damage. I did not comply and requested to have time to check with my insurance company...the conversation turned vulgar and she hung up on me. The next day her mother called and again tried to get me to commit. I said I would check with the insurance company and call back. I called the next day and left a message and never heard back until I received a letter yesterday. She is threatening to file a small claims suite against me if she does not receive payment by July 26th. How do you recommend that I handle the situation?


Asked on 7/14/04, 2:49 pm

2 Answers from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Oops!

Send the letter to your insurance company and turn it over to them. They should deal with the Ranger Lady, not you.

I would also look for a new friend.

Read more
Answered on 7/14/04, 4:24 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Oops!

In Missouri the measure of your friend's property damage is the difference between the fair market value of the vehicle one moment before the accident and the fair market value of the vehicle one minute after the accident. I would say let her take you to small claims court. If she only offers proof of the estimate, you should suggest to the judge the proper measure of damages under the law. You should also question her on the fair market value before and after the moment the ding was done. Can she truthfully say that the fair market value went down 750 dollars on a 1000 dollar vehicle? good luck.

Read more
Answered on 7/15/04, 12:35 am


Related Questions & Answers

More General Civil Litigation questions and answers in Missouri