Legal Question in Personal Injury in Oregon

My son backed out of our driveway and hit another vehicle...parked right next to our driveway which really isn't a spot to park. We agreed to pay for the damages. The estimate they gave us is for $840. We want to pay when we receive the bill from the auto repair company. But the company who owns the vehicle wants us to write them a check or they will take us to small claims court. What should we do?


Asked on 9/14/09, 1:30 am

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

Why is it not really a spot to park? Was the other vehicle parked illegally? Was it parked illegally in a way your son could not reasonably have seen it? Then you may not owe the company anything.

If that is not true, however, then you can either pay the company now or get sued in small claims court. If you are not disputing that your son was at fault, and you are not disputing that $840 is a reasonable repair cost, then why do you not want to pay the company? To me, the choice seems obvious. The company will likely ask for more money in small claims court, and you will have the hassle of showing up there.

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Answered on 9/19/09, 4:24 am


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