Legal Question in Traffic Law in Washington

Car damage due to drinking

Group of friends came back to my place. I was already upstairs in my apartment and come to find out this woman who I did not know but was friend of a friend stepped on the roof of my car causing damage to the roof and part of the sun roof. She apologized and said she would cover the damage. She even wrote that on a note with her phone number she told me just to get an estimate and let her know. Well I got two estimates from auto body shops I have no affiliation with. After I told her the damage was $1400 she left a message saying that its not that much and that she would only give me $300. So I need to knwo what I am entitled to and how I should go about dealing with this.


Asked on 4/05/06, 5:25 pm

1 Answer from Attorneys
Jahnis Abelite ABELITE LAW OFFICES, P.S.

Re: Car damage due to drinking

Very simply put, you need to sue her in small claims court! When a person chooses to become intoxicated (that is a choice because we can choose not to drink or to drink very moderately)they are still responsible for their behavior and any consequences that result from that behavior. Obviously, car roofs were not made for walking upon and she is strictly liable for the damage she did (unless you helped her get up on the roof yourself). You will have to sue her in the District Court where she lives or goes to school (if she lives in a dorm or apartment away from her home). Go to the court and ask to file a small claim action. A third party (not you) will have to serve the papers on her. Then, after a waiting period, you both will have to appear in court and give your respective sides of the story. Then the judge will decide who is a fault and make an award of damages as warranted by the facts and the law. Good Luck!

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Answered on 4/05/06, 6:23 pm


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