do i have a case? if so, how can i sue? state is ny.

[micron]

state: ny.

hi. i was driving with another person in the passenger side when i got into an argument with him. words were exchanged until he all of a sudden went ballistic, threatened me, and began punching the front and side of my car. as a result, the passenger's airbag is damaged and needs to be replaced, which costs around $650.00. also, i should add that i am emotionally damaged, traumatized actually, because of the incident. frist time in my life i felt so helpless, as this person is twice or thrice stronger than me, and we were in a neighborhood stranger to me (he was giving directions to where we were headed, since i didnt know the way).

i pretty much dont know anything about the courts system, dont know even where to begin. if i do infact have a case, please let me know as to how i can file charges, if any.

thank you.

edit;
also, i should add, i dont know where he lives. i only know his phone number. is there a way i can find out his address through it? and where can i find cheap lawyers (in ny)? is it better to represent myself or with a lawyer? and in the case i lose this case, can i re-sue?

 

[mitchelt]

You forgot to mention who this other person is, and why they were in your car?

 

[JETX]

1) Before you can take any legal action (if warranted), you will have to locate the individual or his employment. You need his physical location in order to serve him with notice of the lawsuit. As for locating him, you might put his phone number into a search engine like Google. Or there are several 'reverse phone searches out there. One good one is:
http://www.anywho.com/rl.html

2) You are also going to have to get a statement from a qualified mechanic saying that the airbag is damaged and that the damage was done as a result of your friends actions. This person may be needed to testify as to those facts in court.

3) Also, if a mere argument set him 'off' like this, I can't imagine what a notice of a lawsuit would do to him. You might just avoid that by turning this into your insurance company and see if they will cover it.

4) No, you cannot recover (in small claims) for your fear or emotional 'trauma'.

 

[micron]

hi. thanks for replying. the person is a friend, or i thought he was. i located where he lives. i was supposed to drop him off home (nyc suberb) from binghamton freshman orientation, hence he was in my car, actually, it is my mothers car. heres what i have so far:

1. i have pictures of the damage caused by him.
2. i had the airbag newly replaced less than a year ago from a minor accident in the manufacturers dealership, ensuring it was properly working prior to this. i can get this invoice.
3. i can also get a written statement from the dealerships mechanic that the damage done now was indeed damanged due to this persons action.


some questions i still have:

1. he is currently 17 but will be turning 18 next month. is he still liable?
2. where do i go to file the charges? we both live in nyc suburbs, though he lives in staten island while i live in rockland.
3. in an event he does not attend the trial, what happens?
4. if and when i win the case, how will he make the payment for the damages? what if he ignores the court order and refuses to pay?
5. i tried to resolve this issue privately yesterday night, and he threatened to kill me if i ever tried to get any money out of him. is there a way i can obtain the conversation from my phone company? i recorded some of the conversation but the quality is very bad.
6. what other charges can i file? for instance, is it possible to get a court order prohibiting him to be near my vacinity at all times? how about for the emotional trauma he caused me?

 

[JETX]

"1. he is currently 17 but will be turning 18 next month. is he still liable?"
*** Yes, but you have to 'reach' him by suing his parents or guardian.

"2. where do i go to file the charges?"
*** In an appropriate court in HIS home county.

"3. in an event he does not attend the trial, what happens?"
*** If he nor his parents show, you will be asked to present your case. If the court feels you have sufficient cause AND if he was properly notified of the suit, you will get a default judgment.

"4. if and when i win the case, how will he make the payment for the damages? what if he ignores the court order and refuses to pay?"
*** Ah, that is the fun part. The court doesn't force him to pay you. You have to go after him to collect. However, the law does give you some help in the form of garnishment, levy and seizure.

"5. i tried to resolve this issue privately yesterday night, and he threatened to kill me if i ever tried to get any money out of him. is there a way i can obtain the conversation from my phone company?"
*** No. The phone company does NOT record random messages.

"i recorded some of the conversation but the quality is very bad."
*** Get a better recorder for next time.

"6. what other charges can i file?"
*** Heck, you can file darn near anything you want. The problem will be in making a case.

"for instance, is it possible to get a court order prohibiting him to be near my vacinity at all times?"
*** Yes, that is called a Restraining Order or Order of Protection. Contact your county court.

"how about for the emotional trauma he caused me?"
*** Very unlikely.

One question.... how old are YOU??

 

[micron]

thank you so much for being so informative. i turned 19 a week ago. some more questions i have, sorry, it seems like i am badgering you with so many of them.

1. how long does it normally take to a trial date? i ask this because i am moving to binghamton next month.
2. can i sue him when he comes to binghamton to attend college this fall? if so, how would you advise? should i sue now or wait?

 

[stephenk]

why dont you just submit the property damage claim to your mom's auto insurance carrier? once they pay to fix your mom's car the insurance company will go after the other guy.