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Scuffed Bumper

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BrentG

Guest
My daughter backed into a vehicle and scuffed the bumper. The owner wants her to replace the bumper. There are no "breaks" or "cuts" in the bumper. He has only gotten estimates for replacement, not buffing it out. The vehicle is a 1995 Jeep. There are no other marks on the bumper.

My daughter offered to pay him half of the replacement cost, but he refused (the lowest estimate was about $430.00). There was no police report and we want to avoid getting the insurance companies involved.

What are my daughters legal obligations?
 


I AM ALWAYS LIABLE

Senior Member
BrentG said:
My daughter backed into a vehicle and scuffed the bumper. The owner wants her to replace the bumper. There are no "breaks" or "cuts" in the bumper. He has only gotten estimates for replacement, not buffing it out. The vehicle is a 1995 Jeep. There are no other marks on the bumper.

My daughter offered to pay him half of the replacement cost, but he refused (the lowest estimate was about $430.00). There was no police report and we want to avoid getting the insurance companies involved.

What are my daughters legal obligations?
My response:

If the bumper is capable of being repaired, her "legal obligations" are to pay only the "reasonable value of repair", not replacement. The owner is not entitled to "replacement value". However, if the owner insists on a "replacement" bumper, she has three choices:

1. Report the matter to her insurance company and let them handle the claim.

2. Wait to be sued by the bumper owner. Defend the action when he sues her in Small Claims court, not to dispute liability, rather only to dispute "damages". This will require the bumper owner to prove his damages to the judge, and the judge will tell him just what I told you. It would be helpful to your daughter to ask for an estimate for a similar repair (buffing) of such a bumper from an autobody repair shop (pay them for the estimate), and bring that estimate to court.

3. Or lastly, if this is too much hassle, cave in to the bumper owner by paying whatever he wants, and move on.

IAAL
 

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