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Small Claims Courts : Suing or Defending on Your Own, Usually Without an Attorney
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  #1  
Old 02-20-2001, 04:40 PM
scootergirl
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Angry

My husband was in a fight at the local bar/restrant and accidently dented a ladys car we have offered to pay for it but she is being a total bitch she will not get 3 estimates only one saying it will cost close to 1000.00 it was a very small dent and we have to rent her a car for 4 days at 89.00 a day is this true should we go to court or what do we do wait and see if she takes us to court or what please help we live in idaho thanks
  #2  
Old 02-20-2001, 05:18 PM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
Quote:
Originally posted by scootergirl
My husband was in a fight at the local bar/restrant and accidently dented a ladys car we have offered to pay for it but she is being a total bitch she will not get 3 estimates only one saying it will cost close to 1000.00 it was a very small dent and we have to rent her a car for 4 days at 89.00 a day is this true should we go to court or what do we do wait and see if she takes us to court or what please help we live in idaho thanks
My response:

As you are already aware, your husband is "on the hook" for his negligence that resulted in property damage. That much we do know.

The only question remaining is the amount; both for the repairs and for car rental. While I understand her balking about getting multiple repair estimates (remember, even getting estimates is "work", and work that she didn't plan on doing "but for" your husband's negligence) a judge will, nonetheless want to see multiple estimates.

It may be a wise move on your part to take many pictures of her car (make sure they are 35mm pictures and not Polaroids) and take those pictures to a couple of repair shops to have them give you estimates on the repairs. At least, you'll have competing estimates and something for the judge can use to make a decision.

Additionally, she is only entitled to a rental car, and it's expense, for the same or similar vehicle. For example, she wouldn't be entitled to rent a "Range Rover" if her car is a Chevy stationwagon.

So, if she continues to be unwilling to obtain more than the one estimate and / or unwilling to rent a car that has a more reasonable daily rental rate, as explained above, then you may as well wait until she sues you in court, and let a judge decide how much you owe her.

Good luck to you.

IAAL
  #3  
Old 02-20-2001, 08:13 PM
scootergirl
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thank you


thanks very much for your reply it was alot of help scooter
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