Legal Question in Criminal Law in New York

auto accident (criminal charges or small claims)

I skid in the snow and hit a pole with my friend's cousin's car in December. The owner was in China at the time, however his cousin gave me permission to drive the car. The cousin now denies it. I was living at the cousin's house at the time, therefore i grabbed the keys with the cousin's permission. I fixed the car at my own expense (costing about 7000) and agreed upon 2500 as compensation with owner. Now the owner is unsatisfied with the work done on the car and sends me an estimate of 5000 to fix the car again. If i do not give him the $, what are the chances of him sueing me for ''stealing his car'' or ''claiming for more $''. I do have emails from the owner of the estimates to fix the car again. I also have receipts from the auto shop where I fixed the car and of the 2500 i gave the owner. Thank you very much.


Asked on 1/09/04, 2:09 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: auto accident (criminal charges or small claims)

This is a far more common situation than you may realize.

First: you have not 'stolen' his car. There is no possibility of criminal action here. This is a 'conversion' and you have a duty to fix the car. The 2500 was a nice bonus for the owner, but not a legal obligation.

Second: If the owner chose the repair shop, you are off the hook. If you chose the repair shop there may be further action.

But, in general, if the car now runs like a normal car and looks more or less as it did before the accident; then the 2500 is enough to satisfy any odd or obsessive complaints by the owner. This should be over.

If it is not over, then I am open to meeting with you to go over the details to assist you for no fee. If it results in legal action, I am available to represent you. But this looks like a dead end for the owner. The 2500 pretty much killed anything he might complain about.

You are welcome to a consultation at no fee at my offices at 42 West 44th Street (near Times Square). Please call for an appointment first (646) 591-5786.

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Answered on 1/09/04, 4:40 pm


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