Legal Question in Real Estate Law in Texas

Damaged Shotgun

Is the owner of a shotgun that has been placed placed on a box of clay targets in an open view area where a vehicle pulled up and stopped to let out a passenger then the driver began driving and ran over the box of targets and shotgun entitled to compensation for repairs to the shotgun? As witnesses approached the driver then left the scene knowing of the damage.


Asked on 12/26/06, 3:57 pm

2 Answers from Attorneys

Charles White Charles G. White

Re: Damaged Shotgun

It sounds like his driving was negligent. If so, you can sue him for damages. If the value of the shotgun is less than $5,000 you can sue him in Small Claims Court presided over by the Justice of Peace (ordinarily in the precinct where the defendant resides).

P.S. I hope that you got the name of the driver, or at a minimum his license plate number, so that you will know who to sue. Before suing, you should call him and see if you can get the name of his insurer company. Ordinarily this is a type of a claim that can be settled with having to file a suit. You will need some documentation regarding the cost and value of the shotgun.

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Answered on 12/26/06, 4:38 pm
Charles White Charles G. White

Re: Damaged Shotgun

Correction on my last answer: Ordinarily this is the type of claim that can be settled WITHOUT having to file a suit. Also, if the shotgun was adequately repaired, the damages will be the cost of repair rather than original cost (plus some amount for loss of use and of course the cost of the clay targets).

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Answered on 12/26/06, 4:44 pm


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