Legal Question in Personal Injury in New York
About 8 months ago (mid August 2009), my neighbor hit my parked car trying to avoid a bus. There was some damage to my left fender. She was honest enough to leave a note on my windshield admitting that she hit me and gave me her info to contact her to make some kind of payment arrangements. When we met a few days later, I showed her a copy of the cheapest estimate ($400) to replace the fender. She told me that the vehicle was her boyfriend's and that she was on unemployment but can give me $100 in a day or two and about $50 a month. It is now April and I haven't seen her or received any payment. I'm trying to be understanding because she was honest and didn't hit-n-run. What should I do next?
Steve in Brooklyn
2 Answers from Attorneys
You should definitely sue your neighbor for properly damage in Kings County Small Claims Court.
I'd give your neighbor one last chance to make some good faith payment. Set a reasonable deadline. If the day comes and goes, you'll probably be heading for Small Claims. But consider whether having a good, happy neighbor, one who "owes you", is worth $400. Your call. Best, M. E. Zuller