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property damage

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H

hothead

Guest
I got into a road rage/cussing incident over a fool and his turn signal. He got out at an intersection and punched and dented my leased truck. I told him to pull over into a lot to see if he wanted to TRY and dent me, he didn't, so I took his License plate and told him to follow me to the police troop. He did not.I told the police that I could say whatever I wanted to him,besides a threat and that did not give him the right to damage my vehicle.The trooper got him to agree to pay for the damage or he would be arrested.I was advised to not call but send a letter with estimates and a firm reply date and to not accept a personal check. I did (by registered mail) but I did not get a response. should I go back to the police with my case number and have a warrant issued?
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by hothead:
I got into a road rage/cussing incident over a fool and his turn signal. He got out at an intersection and punched and dented my leased truck. I told him to pull over into a lot to see if he wanted to TRY and dent me, he didn't, so I took his License plate and told him to follow me to the police troop. He did not.I told the police that I could say whatever I wanted to him,besides a threat and that did not give him the right to damage my vehicle.The trooper got him to agree to pay for the damage or he would be arrested.I was advised to not call but send a letter with estimates and a firm reply date and to not accept a personal check. I did (by registered mail) but I did not get a response. should I go back to the police with my case number and have a warrant issued?<HR></BLOCKQUOTE>

My response:

Sure, if they're willing to still do so.

However, let's assume that he's now been arrested. How is that going to get you your money? What if the police refuse to make the arrest?

Insofar as you are concerned, this is a Civil matter, because you want your money, and couldn't care less whether he spends a day behind bars - because that won't get you the money you need for repairs.

So, you need to file a Small Claims court action against him for property damage. Take pictures of the damage, bring 3 estimates to court, and subpoena any witnesses (don't rely upon a promise to appear - use a subpoena to make sure any witnesses appear).

You'll describe what happened, he'll make up some dumb reason for his actions, and you'll win a judgment.

Good luck to you. And - - be good to each other.

IAAL



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