Legal Question in Personal Injury in Wisconsin

My name is Tanner. I have a friend who may or may not have broken off someones car mirror (I'm not sure of the details so I really don't know what happened). He gave the guy money, but no police report was filed. The guy contacted about this mirror problem he said he still owes him 150 dollars. We think he is trying to scam him out of money. Because there was no police report filed does he have to pay the amount this guy is asking for?


Asked on 6/29/10, 7:29 pm

1 Answer from Attorneys

Jonathan Safran Samster, Konkel & Safran, S.C.

Your friend should request an estimate or reciept for any repairs before agreeing to pay any money. I do not think that the police report matters to whether he is responsible for the repairs, however, it will be up to the other person to prove that your friend was responsible for causing the damage. If your friend believes that he owes the money and has proof of the amount, but decides not to pay, the other party could sue him in small claims court in an attempt to obtain the amount owed, and then might be entitled to the proven amount, in addition to the costs of proceeding with the lawsuit. If your friend pays any money to the other party, he should get a reciept and a Releae form signed by the other party, in exchange for the payment, to insure that no further claims will be made against him. Note that there is a six year statute of limitations in Wisconsin for a person to pursue a claim for property damage.

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Answered on 6/30/10, 6:42 am


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