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Fight Damages New 2015 Mustang!

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S550

Junior Member
What is the name of your state (only U.S. law)? Florida

About 1 month ago two people (unrelated to me) got into a fight at a gas station and damaged my vehicle. Both people fled the scene, but I got the license plate of one guy which led the police into getting both guys information. The police report is very clear and concise, including witness statement, on the events of the night so there’s no problem showing they did it. One person was listed as a victim in the fight even though he is the guy who threw the other one into my vehicle.

I’ve had the repairs quoted and am in the process of writing my “demand letter.”
My question to you is: In my demand letter and likely small claims court do you recommend suing the guys together for the total, sue each one for half, or sue the suspect only?
 


PaulMass

Member
The easiest thing to do is let your insurance company handle it. If they can recover from the wrestlers, they'll cover your deductible.

If you're self-insured, you should sue both.
 

S550

Junior Member
The easiest thing to do is let your insurance company handle it. If they can recover from the wrestlers, they'll cover your deductible.

If you're self-insured, you should sue both.
Sue both for the total or each one for half?
 

Zigner

Senior Member, Non-Attorney
Sue both for the total or each one for half?
Sue both for the total. Then you can attempt to collect the full amount in any proportion you wish to (or, are able to).

ETA: You may end up with a judgment against only one of the other parties...why should the "victim" of an assault be responsible?
 

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