Legal Question in Civil Litigation in Virginia
Property Damage
The front door on my house was damaged by the company delivering my my new furniture. The driver gave me his phone number and told me to get a repair estimate, call him with the amount ($500.00), and he would have the check sent out. After 45 days, I still did not receive a check so I called the guy back and he said he no longer works for the company I purchased the furniture from. I called the company who I made the purchase with and now they tell me someone from their company will have to come out and inspect the damage and that I need to have at least three estimates. Do I have the right to tell the guy to pay for the estimate I already have without having to waste more of my time? Should I retain an attorney?
2 Answers from Attorneys
Re: Property Damage
Get a second estimate(no need for a third). Then send your written demand for payment of the lowest estimate by a date certain(with copies of the two estimates). If such is not remitted by the date specified, then file your case in small claims court for around $40.
This kind of case you should be able to handle yourself and would not be feasible for an attorney to become involved with.
Re: Property Damage
People often ask if they have the right to do this
or that when they are in the context of
discussions to voluntarily work out a dispute.
In the course of discussing things with them,
the parties can do (almost) anything they want
(within reason). The only benchmark for
comparison is what would happen if you had to
go to court.
If you sued the company AND the individual
mover (just to be safe) in small claims court
or general district court you would NOT have to
show more than one (1) estimate.
If they did not agree, it would be their role to
find a cheaper estimate and prove that it was
equivalent and prove that a cheaper amount is
possible.
On the other hand, an estimate is an opinion,
not a fact. A person experienced in that trade
is saying "in my opinion, from looking at the
door, it will cost $500 to fix it."
Therefore, you would have to have someone come
into court and be qualified as an "expert" (not
very hard if they work in that area) and give
their opinion of what it will cost to fix the
door.
Alternatively, you can go ahead and get the door
fixed. Then you are NOT testifying about the
estimate (opinion) of an expert. You would be
testifying to a known fact "I IN FACT PAID $500"
to have the door fixed. Then you do not need to
bring in the person as an expert.
Do take photographs of the damage and bring in
3 copies. The same person who took the
photographs should be prepared to testify.
ALSO, you may face a challenge that the damage
was there already. So you may need other people
to testify that prior to the mover's coming the
damage was not already there.
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