Paint overspray claim

What is the name of your state? Mass

The painter worked at my neighbor's garage and paint overspray on my two cars. He said he would take care of it until he knows going to cost him $800. My questions are:

1. Can I add car rental to the total that I want him to pay in the claim?
2. I had the estimates, do I have to have the cars fixed before the trial?

Thanks!!!

No you don't need the cars repaired before trial. All you have to show is the Estimates,and prove the respondent did the damage.

You can ask for car rental,weather you'll get it or not is up to the Judge.

1. How should I prove the respondent did the damage? My cars parked on my drive way when they painted the garage. They came many times, on windy day, before rain, and on weekend.

2. I am not sure if that is enough to prove it? The shop said it is paint overspray.

3. Is there anything that I need to do?

Thanks!!!!!

Small claims are based on who and what is most likely the Truth.

I doubt the defendant will deny he spray painted the fence next door but just in case ( as you have the burden of proof ).

Get the body shops to state on their estimates , vehicle(s) have over spray paint on them.

Take pictures of your cars - with the paint on them /
Park them where the were when they were spray painted on , with the fence showing and preferably paint on them.

Go back to the clerk of the court. Tell them you want file for a Subpoena for the painter ( hope it was a business or contractor ) or company , to produce any and all records for that street address and home owner's job, by the small claims court date.

The Court should then send you the subpoena signed by the Judge ( if the Judge approves it )and instruction on how to have it served to the respondent .

1. What the Subpoena for the painter do any good to me?

2. Do I need to hire a Attorney? Who will pay the Attorneys fee?

3. I want my neighbor to write a letter. What should be on the letter?

I spoke with my neighbor first, then my neighbor called the painter, then my nrighbor asked me to call the painter and said the painter will take care if it. The painter is a company, but I am not sure what's kind.

Thanks!!!

shawnma said:

1. What the Subpoena for the painter do any good to me?

2. Do I need to hire a Attorney? Who will pay the Attorneys fee?

3. I want my neighbor to write a letter. What should be on the letter?

I spoke with my neighbor first, then my neighbor called the painter, then my neighbor asked me to call the painter and said the painter will take care if it. The painter is a company, but I am not sure what's kind.

Thanks!!!

Click to expand...

1 ) Yes a subpoena would show the painter ( company ) did that type of work, where and when. Ask your neighbor for the Name,address,and tel. Number of the Company.
Name the Company and Painter as respondants .

2 ) No ,small claims do not require an Attorney . Some Jurisdiction do not even allow it.

3 ) Judges don't even consider letters . They want Live whitnesses. If you could get your neighbor to go to court with you and testify ,then you should have no problem winning.
If the neighbor was unwilling, you could subpoena her/him , but I doubt you would want to do that.

Since you mention the painter was from a Company , why not get a copy of the neighbor receipts from the Company ?

If you can get the copies from your neighbor with relevant info to support your claim you will not need subpoenas .
It will be proof the Company did a job there and what date .


It sounds like your neighbor is co-operating with you .

Yes, my neighbor still trying to talk to the guy and try to settle it without going to the court.

I will ask my neighbor for a copy of the receipt.

Thank you so much for the information. You are great!!!

I was mistaken ( for some Odd reason ) when I replied with FENCE.

What ever I typed with FENCE, please disreguard and replace the word with
GARAGE. Thank You ....

I just spoke with the painter. He said my neighbor should pay some of the cost to fix the car. Is that right?

Thanks!!!

Yes, my neighbor still trying to talk to the guy and try to settle it without going to the court. [ quote ]

What your neighbor needs to do ( if they have Ins. ) is see if they will cover some or all of it.

IF NOT ,

Your piddling around , File a small claims action against the Painter's Co. naming both the Co. and the Painter.

They were the ones negligent and caused you damage.

The Painter wants to settle this without going to the court, but he said he does not have $800 to pay me. He said he will coming to clean one car and offer $300 cash for another one. He said if I want more he need to talk to my neighbor to see if my neighbor could pay some of it or he will find a place may cost less to do the job.

Thanks!!!

The house / garage painter IS NOT a body shop painter. There's a difference. You NEED a qualified Auto Body shop to Estimate the Cost of the repair(s) on both cars.

He has already screwed up one Job, and you will trust him to make things right ?

Of course the Painter wants an easy way out, don't want to end up in court. He is stringing BOTH of you along and taking you BOTH for a ride .

Do not allow him to CLEAN UP your cars. He will do MORE damage.

Do Not allow him to find a cheaper shop.

You get 2 Estimates from 2 separate Body Shops. That's all you need/ Present him with the Lowest one to be paid in full.

I have given you enough information to make your choices and take Action. I will no longer respond to this post .

If you and your neighbor want to get taken advantage of that's your choice.

Thanks for the help!!!