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Unreasonable Damages?

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Ed64

Guest
Tennessee. I am trying to resolve a potential claim with a neighbor without hopefully having a claim filed, but would like to get feedback as to grounds for negotiation.

My neighbor's son (11) drove his mother's motor-scooter (49cc engine) to visit my son and parked it on our driveway. (Tn requires you to be 14 with a motorped licence to ride) A few minutes later my wife back her car into it knocking it off it's kick-stand and causing what I consider minor damage. My wife agreed to pay for damages to replace the broken rear turn signal lens and another cracked plastic piece around the speedometer housing. There were some scratches to the paint and muffler guard that could be touched up.

Additionally, I told the neighbor that we did not feel we are 100% responsible. I told the neighbor's son the first time he brought his "transportation" (it started last yr with a riding mower) to not park on the driveway, but on the grass next to the driveway. From then on he always parked on the grass but for this one time.
The son also admits this to his mom.

The neighbor took her 1997 scooter to the dealer to have an estimate written for everything that was wrong with the bike, down to if it had a paint chip on the luggage rack, give me a price to replace it as she only has had the bike for 2 weeks and it was perfect. The bill came back for over $750 to replace any part with a paint chip or scratch, plus the broken parts. I feel this is over the top to replace a perfectly good part because of a scratch. The bike's NADA used retail price is $900. I offered to pay them $1200 for the bike if they would sell it out right and buy a new model for $1800. They refused the offer.

Do I have any recourse other than just making a neighbor mad and having to pay to full bill anyway?
 


JETX

Senior Member
Simply, your wife has the responsibilty of checking behind the vehicle for hazards BEFORE backing. She is responsible for ALL damage that she created. However, I doubt that all the damages being claimed were done by her. Especially considering that this family lets an 11 year old drive it, it surely had SOME prior damage. Further, it is FIVE years old.
 

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