Legal Question in Civil Litigation in New York
Traffic Accident Compensation
My daughter (age 17) was involved in a accident in a parking lot. She backed out and hit the bumper of the car next to hers.
The gentleman that she hit reported the accident to the police but the damage was so small that the policeman did not file an accident report providing the parties involved agreed to settle the matter. We have offered to pay for the damage to the other vehicle. There is no damage to ours. We asked that the gentleman get 3 quotes from local body shops and then we would pay for the body work that needed to be done to his vehicle.
This week we received a letter from him asking for $400 to cover the damage, plus reimbursing him for his time for getting these estimates and the the 2 days he will be without his vehicle. He is giving us 30 days to pay him this $400 otherwise he will file a claim in small claims court. We requested copies of the estimate and it is under $200. We have no issue reimbursing him for the damage but do we have to reimburse him for his time? Should we just go to small claims court?
3 Answers from Attorneys
Re: Traffic Accident Compensation
He is entitled to compensation for his actual property damage. Send him a check for $200 and write in the memo portion in full settlement of all claims.
Daniel Clement
Daniel Clemetn
Re: Traffic Accident Compensation
Offer to pay for his damage. Should he insist on being compensated for time tell him he can sue you in small claims court. I predict he will settle for the $200.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
Re: Traffic Accident Compensation
Do not permit this person to intimidate or frighten you. he can make any demands he choses to make; but this one will not go far. I serve as an arbitrator in small claims court, and I would not award him any of this foolishness. Just the damages to his car IF HE CAN SHOW HE WAS INJURED BY YOUR DAUGHTER. Try suggesting that you are considering defending the case and that he has no witnesses. After these4 demands, the judge may not believe him! Then offer him only 100 dollars to settle. See what happens. If this man wants to play foolish games, you can play also.
Don't let him upset you or squeeze anything extra from you. This is what lawyers get paid for - to deal with foolishness like this.
You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029
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