gutter guy damaged my car

[mecheng]

What is the name of your state (only U.S. law)? California

My neighbor had his roof done by a roofing company. They sub contracted a seamless gutter guy. I came home for lunch on Thursday and saw him parked in front of my house with his gutter machine on the trailer extruding gutters toward my driveway. My girlfriend was home all day and saw him carrying the gutters (40+ ft and very floppy) on the sidewalk in front of my driveway.

I come home for lunch on Friday and see a razor sharp cut in the cover of my restored 1967 chevy and when I looked I saw a 12" long scratch in the paint.

I contacted the gutter guy and told him about the damage and he says he didn't do it and won't even come take a look at the damage.

Who is liable? What can/should I do?

Thanks so much for your help. The car means alot to me andd I don't have thee money to fix it.

[justalayman]

=mecheng;2325231]

Who is liable?

whoever did the damage.

What can/should I do?

Unless you have some proof he damaged the car, I cannot see you winning in court. If you have absolute proof of no damage shortly before his presence, the circumstantial evidence may sway a judge to see things your way.
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[Zigner]

Originally Posted by mecheng

What is the name of your state (only U.S. law)? California

My neighbor had his roof done by a roofing company. They sub contracted a seamless gutter guy. I came home for lunch on Thursday and saw him parked in front of my house with his gutter machine on the trailer extruding gutters toward my driveway. My girlfriend was home all day and saw him carrying the gutters (40+ ft and very floppy) on the sidewalk in front of my driveway.

I come home for lunch on Friday and see a razor sharp cut in the cover of my restored 1967 chevy and when I looked I saw a 12" long scratch in the paint.

I contacted the gutter guy and told him about the damage and he says he didn't do it and won't even come take a look at the damage.

Who is liable? What can/should I do?

Thanks so much for your help. The car means alot to me andd I don't have thee money to fix it.

Sue them both - the court will help you sort it out.

[mecheng]

I drove and saw the car on Thursday and had at least 2 witnesses that saw the car. Everyone that sees it looks at the paint it is the nicest part of the car.

So I will have to go through the gutter guy for the damage even though he was sub contracted by the roofing company. The roofing company wrote up the contract for the roof and gutters together. Then they hired the gutter guy seperate.

Thanks

[Zigner]

Originally Posted by mecheng

I drove and saw the car on Thursday and had at least 2 witnesses that saw the car. Everyone that sees it looks at the paint it is the nicest part of the car.

So I will have to go through the gutter guy for the damage even though he was sub contracted by the roofing company. The roofing company wrote up the contract for the roof and gutters together. Then they hired the gutter guy seperate.

Thanks

My prior post was in error. You need to sue ALL THREE (the neighbor, the contractor and the sub-contractor)