Silence_Dogood
Junior Member
Florida
A few months ago, an area resident was using a dirt road/drive on my property that he claims a right to by prescriptive easement and right of way (not recorded). I have informed him many times that he is trespassing. We met on the road, and I moved as far over to the right as I could on my ATV. He moved to the same side, making it difficult to get around him to avoid another conflict. I have had confrontations with him before regarding his trespassing, and once I saw who was driving the vehicle, attempted to go around him through the brush on the side of the road and continue about my business.
About an hour later, the driver and a county sheriff and highway patrol officer came to my door re a "hit and run" complaint by the driver. Although I felt no contact, a streak of plastic was on his rear quarter panel. It is possible that this was caused by my ATV while trying to maneuver around his vehicle through the brush.
The highway patrol officer could not believe that I did not feel the contact, and after inspecting the "damage", it became obvious why. There was a massive dent above the streak of plastic. I pointed out that the dent appeared to be old damage. The highway patrol accident investigator agreed that, upon closer inspection, it appeared old, asked the driver if it was old. The driver reluctantly admitted that it was old, in front of the deputy and highway patrol officer.
At this point, both officers appeared irritated that the driver had failed to mention this, and was essentially wasting their time over a non-issue. It was agreed that a report would be filed by the sheriff's dept. but not highway patrol. I requested that the deputy's report mention the old damage, but when I got a copy of the report, it did not. The highway patrol officer assured us that if the driver filed suit, he would testify concerning the previous damage to the quarter panel that was rubbed by the plastic. He also pointed out that the plastic "came off when scratched by his thumbnail".
The driver has now filed a small claims case against me for replacing the entire quarter panel, as predicted. He is trying to get me to pay for his previously damaged vehicle to the tune of around $1k, with court costs.
My plan is to ask the highway patrol accident investigator to write a short letter to give the judge during the preliminary hearing. Also, I plan to argue that the driver forced me into the situation by not allowing me enough room to pass by on my private road. However, the only witnesses to this are me, the driver, and a passenger in his vehicle, who is unlikely to back my side of the story.
Hopefully I can mitigate liability by explaining that had he simply moved to his right and not tried to "stop me for a conversation" there would have been no collision. Also, damages should be mitigated by the preexisting and far more serious damage to the same area of the vehicle.
Does anyone have any advice for me in this situation?
Should I write an answer, even though one is not required, due to the mitigation issues?
Should I stipulate to the contact? I honestly did not feel it, but frankly it's clear that contact was made as evidenced by the plastic streak and testimony by the passenger.
Thank you for considering my case.
A few months ago, an area resident was using a dirt road/drive on my property that he claims a right to by prescriptive easement and right of way (not recorded). I have informed him many times that he is trespassing. We met on the road, and I moved as far over to the right as I could on my ATV. He moved to the same side, making it difficult to get around him to avoid another conflict. I have had confrontations with him before regarding his trespassing, and once I saw who was driving the vehicle, attempted to go around him through the brush on the side of the road and continue about my business.
About an hour later, the driver and a county sheriff and highway patrol officer came to my door re a "hit and run" complaint by the driver. Although I felt no contact, a streak of plastic was on his rear quarter panel. It is possible that this was caused by my ATV while trying to maneuver around his vehicle through the brush.
The highway patrol officer could not believe that I did not feel the contact, and after inspecting the "damage", it became obvious why. There was a massive dent above the streak of plastic. I pointed out that the dent appeared to be old damage. The highway patrol accident investigator agreed that, upon closer inspection, it appeared old, asked the driver if it was old. The driver reluctantly admitted that it was old, in front of the deputy and highway patrol officer.
At this point, both officers appeared irritated that the driver had failed to mention this, and was essentially wasting their time over a non-issue. It was agreed that a report would be filed by the sheriff's dept. but not highway patrol. I requested that the deputy's report mention the old damage, but when I got a copy of the report, it did not. The highway patrol officer assured us that if the driver filed suit, he would testify concerning the previous damage to the quarter panel that was rubbed by the plastic. He also pointed out that the plastic "came off when scratched by his thumbnail".
The driver has now filed a small claims case against me for replacing the entire quarter panel, as predicted. He is trying to get me to pay for his previously damaged vehicle to the tune of around $1k, with court costs.
My plan is to ask the highway patrol accident investigator to write a short letter to give the judge during the preliminary hearing. Also, I plan to argue that the driver forced me into the situation by not allowing me enough room to pass by on my private road. However, the only witnesses to this are me, the driver, and a passenger in his vehicle, who is unlikely to back my side of the story.
Hopefully I can mitigate liability by explaining that had he simply moved to his right and not tried to "stop me for a conversation" there would have been no collision. Also, damages should be mitigated by the preexisting and far more serious damage to the same area of the vehicle.
Does anyone have any advice for me in this situation?
Should I write an answer, even though one is not required, due to the mitigation issues?
Should I stipulate to the contact? I honestly did not feel it, but frankly it's clear that contact was made as evidenced by the plastic streak and testimony by the passenger.
Thank you for considering my case.