Doggie v. Car (The paint scratch caper)

[DoggoneIt]

Hi Legal-eagles. I enjoy the forums and decided to post a problem that I am having with a neighbor.

Background details:
I live on a cul-de-sac of a town-house/condominium complex
in Massachussetts. Each duplex owner owns the "common" areas
jointly as part of the Condo association.

My overly affectionate 1.5 year old Golden Retreiver (approx. 100lbs.)recently was outside with me off his leash at the end of an evening stroll. A neighbor came home and drove into the parking space in front of their town-house. My dog broke away from me and went over to "greet" my neighbor. In my dog's desire to see the person in the car stood on his hind paws and landed his front paws on the driver's side door. My neighbor got out of the car and I apologized for my dog's enthusiam (explaining that he's still a big puppy)and re-leashed my dog for the short walk over to my unit.
My neighbor didn't say much at the time, but he didn't seem really happy that the dog had jumped on the car. A month or so passed and my neighbor stopped me one day to say that my dog had left paw scratch marks on the car that could not be "buffed" out. He stated that the whole side of the car would have to be painted. (Even though there were only one or two small scratches from the incident). The car
(A 2000 Acura Sedan)barely shows any scratches, in fact what I can see looks like it may have come from a snow brush since we had several snow falls before the incident.
My question: Since I acknowledge that my puppy did jump up that one time what legal options do I have? Please note that I am willing to pay a reasonable amount for buffing or waxing, however my neighbor hit me recently with a quote of
$1000 for the paint job. (Yes, I said $1000...is that insane or what????) Obviously, I will get my own quotes, but this is becoming more than just a simple small claims case. Do I need a lawyer? Does my homeowners insurance cover anything such as this? Help!

Thank You!!!

 

[JETX]

In my opinion, if this went to Small Claims court as you have described it, you would be found liable for the damages caused by your pet. This is partly due to your failure (or inability) to control him/her while on a leash.

However, I agree with you that the $1000 quoted figure seems excessive.

My suggestions:
1) Have the car owner get three estimates from reliable paint shops. Then see what the lowest is.
2) Contact your home insurance carrier. You might have coverage.
3) Also, your neighbor's insurance may very well cover this. You might want to check with him and you agree to cover his deductible.

Again, legally you may not be obligated to pay for the damage, but it would go a long way to maintaining peace with your neighbor, who you will see most everyday in a condo area. It will also minimize any 'disgruntled' feelings and their possible repercussions.