Broke my instruments.

We were fighting at my new place and she "accidentally" kicked over my guitar stand braking trwo of my three best guitars. Total worth about 1500 bucks but sentimental value and difficulty to replace value is thousands...I suppose I can get my insurrance to investigate but I really want to get her to pay out of pocket cuz I know it was no accident. How should I proceed?
Steve @ OrgasmControl. com

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by richargl:
[b]We were fighting at my new place and she "accidentally" kicked over my guitar stand braking trwo of my three best guitars. Total worth about 1500 bucks but sentimental value and difficulty to replace value is thousands...I suppose I can get my insurrance to investigate but I really want to get her to pay out of pocket cuz I know it was no accident. How should I proceed?
Steve @ OrgasmControl. com[/b]<HR></BLOCKQUOTE>

My response:

Car crashes are "accidents" aren't they? No one really intends to become involved in a car accident; however, that doesn't mean that the person causing the accident is nonetheless liable for their "negligence".

Therefore, your best course of action would be to sue in Small Claims court and obtain a judgment. Of course, no court can pay you for their "sentimental" value; the court can only award judgment to you for their "fair market value".

Don't go into court without "before and after" photos, bring the broken guitars, bring the ACTUAL witnesses with you (not their written statements) and bring estimates of their costs to be repaired; or, if not repairable, bring a written evaluation of their "fair market value" - - not just what YOU believe they're worth, but an evaluation of what a "bonifide buyer" would pay you for the guitars, and written by a reputable guitar dealer. You are NOT entitled to "replacement value".

However, if they are "antique" or "rare issues" of guitars, there may be a higher value to them over their original purchase price (that's where "fair market value" really comes into play - - pun intended).

IAAL



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