Legal Question in Civil Litigation in Pennsylvania
payment for a scratch
My girlfriend's son scratch a vehicle while he was riding his bike. We offered to get it fixed and she aggreed. She took it to a repair shop and got an outrageous estimate. We asked her to go to another place and go a better one. Now she's demanding the money out front and we don't believe she is even gonna get it fixed. The shop that she took it to told us that if we make the check out to him she can cash it there without the work being done. If she was to get it fixed, we would gladly pay for it but looking at her car, it seems like she wouldn't get the scratch removed and would spend the money on something else. I would like to know what we can do to make sure our money goes to the repair and not to her pocket?
2 Answers from Attorneys
Re: payment for a scratch
Assuming your GF's son is a child, your GF is not responsible for the negligence of her son unless she knew he was a bad bike rider & let him ride unsupervised anyway. So, if the car owner is making outrageous demands, make them sue the son. Also, a child under 7 years old cannot be negligent by law, & for ages 8 - 14 there is a presumption of no negligence. Even if son found by a court to be liable he has no money & they'll never be able to collect. If your GF is sued she will win since she's not liable. Also, if your GF has homeowner's or tenant's insurance, ins co may cover the claim so you should report to ins co. Finally, before you pay any money you need to get a signed General Release from the car owner so you know this will not come back to haunt GF or son. Good luck!!
Re: payment for a scratch
You asked about getting a cosmetic repair done.
You were generous for making the offer and there may be arguments that you aren't required to compensate for the repair at all.
I would hold out and tell her point blank "We will pay a reasonable amount for repair of the scratch when you show us a bill for the repair, not an estimate."
If she sues, which is her only alternative, you have the right to have the vehicle examined and an estimate prepared by another vendor. She probably got a high estimate, such as suggesting a respray while another vendor would recommend fixing the scratch touch up and buffing.
Take some pictures and get an estimate from a another shop.
Hope that helps.
Regards,
Roger