What is the name of your state (only U.S. law)? Missouri
Thanks up front for your time. I think this sounds cut and dry but I also think the people that I'm going to take to court are as dishonest as they come.
Here's the situation.
Daughter driving at night on residential road hits a dog. Owner of dog confronts daughter and scolded her for hitting her dog. Daughter's boyfriend hears owner say that daughter hit dog. Owner tells daughter that there wasn't any damage to car as dog was only a puppy (turns out to be a 2 year old golden retriever). Daughter tells owner that car is damaged. Owner doesn't acknowledge daughters statement. Owner leaves the scene to walk home and tend to dog. Dog doesn't die. 2 days later father calls dog owner to inquire about dog. Owner says dog ok and tells father daughter hit dog. Owner tells father that daughter said there was no damage to car.
Father informs dog owner abouth the damage to car. Dog owner says daughter said no damage occurred and that's the end of it. Father and daughter go to police and file collision report. This takes place 2 days after collision. Officer asks how we want to handle things. Father says just want to work something out to fix car. Officer calls dog owner and she admits that her dog was hit by daughter. Then changes her story to she not so sure. Dog owner thinks car was damaged prior to or later and by a opossum or another animal. Officer explains this is not the case as hair that was embedded in the damaged area looks like dog hair.
Anyway there's a lot more but you get the gist of things. I do have a police report that is very descriptive and points out the dishonesty of the dog owners. I have 3 persons who were told my daughter hit there dog. All becomes cloudy after the damage claim on the dog owners part. Seems cut a dry doesn't it? Dog owner husband has come up with the claim that his wife didn't see things the way it happened and therefore her statements are null and void. He says there were several dogs in the road and he saw my daughter hit another dog, not his and he has a neighbor as a witness also. I still plan on taking them to court but I feel that this guy is knowledgeable of how to get out of this. He is a Vice President of a large company and probably will spend more cash to not have to admit to anything. Here's what we plan to present at court: pictures of damage, bill to fix car, bill for rental car, emails that I sent to them (dog owners are saying that I threatened and harassed them), notes pertaining to the phone conversations and messages I left, one witness (who heard the dog owner say "you hit my dog"), and the police report. The officer did write them a ticket for violating the leash law. Dog owner has told me that he has retained the services of there corporate lawyer (which won't be needed in small claims court) but he might be suing me for something else. He may be thinking he needs to get me into court first for something. I just don't know for sure. And even if he isn't I suspect that he will counter sue in a higher court. These people just won't take responsibility for there dogs actions. The damage is estimated at $1200. I am going to get it fixed next week and then I will know exactly how much to sue for. What's you opinion here. I want to proceed because it's the right thing to do and I don't want my daughter to think it's ok for these people to do what there doing. I am all ears! Thank you again!What is the name of your state (only U.S. law)?
Thanks up front for your time. I think this sounds cut and dry but I also think the people that I'm going to take to court are as dishonest as they come.
Here's the situation.
Daughter driving at night on residential road hits a dog. Owner of dog confronts daughter and scolded her for hitting her dog. Daughter's boyfriend hears owner say that daughter hit dog. Owner tells daughter that there wasn't any damage to car as dog was only a puppy (turns out to be a 2 year old golden retriever). Daughter tells owner that car is damaged. Owner doesn't acknowledge daughters statement. Owner leaves the scene to walk home and tend to dog. Dog doesn't die. 2 days later father calls dog owner to inquire about dog. Owner says dog ok and tells father daughter hit dog. Owner tells father that daughter said there was no damage to car.
Father informs dog owner abouth the damage to car. Dog owner says daughter said no damage occurred and that's the end of it. Father and daughter go to police and file collision report. This takes place 2 days after collision. Officer asks how we want to handle things. Father says just want to work something out to fix car. Officer calls dog owner and she admits that her dog was hit by daughter. Then changes her story to she not so sure. Dog owner thinks car was damaged prior to or later and by a opossum or another animal. Officer explains this is not the case as hair that was embedded in the damaged area looks like dog hair.
Anyway there's a lot more but you get the gist of things. I do have a police report that is very descriptive and points out the dishonesty of the dog owners. I have 3 persons who were told my daughter hit there dog. All becomes cloudy after the damage claim on the dog owners part. Seems cut a dry doesn't it? Dog owner husband has come up with the claim that his wife didn't see things the way it happened and therefore her statements are null and void. He says there were several dogs in the road and he saw my daughter hit another dog, not his and he has a neighbor as a witness also. I still plan on taking them to court but I feel that this guy is knowledgeable of how to get out of this. He is a Vice President of a large company and probably will spend more cash to not have to admit to anything. Here's what we plan to present at court: pictures of damage, bill to fix car, bill for rental car, emails that I sent to them (dog owners are saying that I threatened and harassed them), notes pertaining to the phone conversations and messages I left, one witness (who heard the dog owner say "you hit my dog"), and the police report. The officer did write them a ticket for violating the leash law. Dog owner has told me that he has retained the services of there corporate lawyer (which won't be needed in small claims court) but he might be suing me for something else. He may be thinking he needs to get me into court first for something. I just don't know for sure. And even if he isn't I suspect that he will counter sue in a higher court. These people just won't take responsibility for there dogs actions. The damage is estimated at $1200. I am going to get it fixed next week and then I will know exactly how much to sue for. What's you opinion here. I want to proceed because it's the right thing to do and I don't want my daughter to think it's ok for these people to do what there doing. I am all ears! Thank you again!What is the name of your state (only U.S. law)?