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  #1  
Old 11-22-2000, 03:31 PM
josh684
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Well, I posted before a message about damage happening in a school parking lot. Well, The school refused to pay so I am gonna pay for the kids damages. I went to talk to him and found out he had already had it done, the place that charged him $1000. Now do I have to pay him that? I wanted him to get it done somewhere else**************but its too late now. Could I tell the kid one of my dads friends paints cars and could have done it for $500?? Would that work?
Say he says he want his $1000 not $500 what can i tell him??

Thanks In Advanced
Josh
  #2  
Old 11-22-2000, 03:51 PM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
Quote:
Originally posted by josh684
Well, I posted before a message about damage happening in a school parking lot. Well, The school refused to pay so I am gonna pay for the kids damages. I went to talk to him and found out he had already had it done, the place that charged him $1000. Now do I have to pay him that? I wanted him to get it done somewhere else**************but its too late now. Could I tell the kid one of my dads friends paints cars and could have done it for $500?? Would that work?
Say he says he want his $1000 not $500 what can i tell him??

Thanks In Advanced
Josh
My response:

Look, Josh. If you want to pay, then pay. I don't know what else to tell you because you're not listening, or not understanding.

I'll try it one more time.

Let the kid sue you, and use the arguments I wrote to you about. Then, when the other kid sues you, you immediately countersue the school. Then all of you will be at the hearing at the same time, and let a judge tell you whether or not you should pay the other kid, and if so, whether or not the school should, in turn, pay you what you were ordered to pay the other kid.

Simple.

IAAL
  #3  
Old 11-22-2000, 04:34 PM
josh684
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Well, Here is the thing, I dont tink he will sue me but he will file a claim with my insurance, and if this happenes my insurance will go sky high. Thats why, if it was not for that I would not pay him.

Thanks Again

Josh
  #4  
Old 11-22-2000, 04:38 PM
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Join Date: Jul 2000
Location: The 'Katherine Harris' Appreciation State.
Posts: 6,055
Quote:
Originally posted by josh684
Well, Here is the thing, I dont tink he will sue me but he will file a claim with my insurance, and if this happenes my insurance will go sky high. Thats why, if it was not for that I would not pay him.

Thanks Again

Josh
You think your insurance is just going to cut a check ? Can you give me your insurance details because I have a few scratches on my car I would like to repair too.

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This is not legal advice. Double check everything with your own attorney and your state's laws.
  #5  
Old 11-22-2000, 04:41 PM
josh684
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Thats what I dont know, It was a lot of dammage done. About $1000. He paint chiped everywhere along the side. I dont know.

Thanks Again
Josh
  #6  
Old 11-22-2000, 05:20 PM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
Quote:
Originally posted by josh684
Thats what I dont know, It was a lot of dammage done. About $1000. He paint chiped everywhere along the side. I dont know.

Thanks Again
Josh
My response:

Tell your insurance company that you didn't do the damage, and they won't pay him. MAKE HIM PROVE, IN COURT, THAT YOU ARE AT FAULT. Remember, as the Plaintiff, HE has the burden of proof. Your job is to DENY everything. I don't care what you said outside of court.

You've got good defenses that you can win with; or, at the very least, make the school responsible in whole or in part, for the kid's damages. DO NOT let the school off the hook. It was not reasonable for the school to maintain their property in that condition for so long, and still allow people to use it.

And, you have a right to challenge his total amount of damages in court, too! If you can show, by testimony of a person in the field of auto body repair, that his damages were excessive, you might very well have the judge cut his damages way down.

But, you know what they say Josh . . . the easiest path between two points is a straight, and easy, line. But, that line is going to cost you if you pay him before the court bangs the gavel on the bench.

IAAL

[Edited by I AM ALWAYS LIABLE on 11-22-2000 at 05:22 PM]
  #7  
Old 11-22-2000, 05:26 PM
josh684
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Ok, Thanks A Lot For You Help.
I Appericate it

Josh
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