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Old 07-31-2002, 07:38 PM   #1
RallyOttawa
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Member#: 14303
Join Date: Jan 2002
Location: Seattle, WA
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1999 Impreza RS 2.5
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Default parking lot vandalism

Here's the story:

A friend of mine is getting out of her car in a parking lot, and accidentally dings the door of the white car beside her. The person in that car gets out and my friend admits it was her fault, telling her to get an estimate, and giving her her contact information.

The driver of the other car was very upset about the small ding in her car, and she was very rude. My friend then proceeded into the store to buy groceries. Upon return to her vehicle, she noticed a big white scratch on the side of her door. Obviously, she thinks it was the rude/upset driver seeking revenge of some sort.

Today, my friend gets a call from the other driver telling her it would be $300 to fix the minor ding. And when confronted with the thought that my friends car was damaged immediately after that, she denied any responsibility. She then said she would take my friend to small claims court if she didn't pay.

What should my friend do? My friend was willing to pay for the damages, but after the other driver scratched up her door, she feels she shouldn't have to pay a dime.

Anyone have similar experience? Anyone with any legal experience can speak to this?
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Old 07-31-2002, 10:46 PM   #2
sti2_5rs
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Location: Ottawa, Ontario, Canada
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Angry

stupid ppl need revenge even your friend offer to pay for the ding......***.....

I don't really know what you suppose to do in this kind of situation, but i would have report the scratch to the police, and see what kind of help the police can give.

Now, If i am your friend then i will tell that b!tch, if you wanna go to the court fine, coz i am not going to pay a dime for the ding now!!
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Old 07-31-2002, 11:12 PM   #3
RallyOttawa
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Default

thanks for the reply... it seems your idea is the way she is headed.

After calling the police, they said that since it was in a parking lot (private property), that they had no course of action to take against the vandalism. Which means... the girl who vandalized was probably lying about going to the police and filing a report, since the woman on the police phone said she could not file the report because it was in a parking lot.

What goes around... comes around.
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Old 08-01-2002, 01:56 PM   #4
goobie
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If your friend is pretyy confidant that the scratch was put on her car by the other driver then she should ignore all future contact with the other driver. I highly doubt she will be taken to small claims court for $300. It would most likely cost that much to take action against her anyway. Screen calls and ignore it as if it never happend. The $hitty part is that your friend now has a scratch on her car that she will have live with or get fixed...

I hate a$$holes...
Chad
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Old 08-01-2002, 05:32 PM   #5
MarkZ
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2010 Outback 3.6

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I was intriqued by this so I called my wife, a lawyer.

She mentioned this thing called, I think, "Res Ipsa Liquitor", meaning "It speaks for it self". For example if you walk by a company that makes lamps, and one of these lamps falls and hits you on the head, it's not nessessary to see the lamp being dropped because where else could it come frome so "It speaks for it self". This case will be difficult, but not impossible to prove.
For example, before going in there was no scratch, how long was she shopping, etc .

Also, even though it occured in a parking lot, the motor vehicle act applies, so no-fault insurance applies, so your friend can insist that the other party goes through her insurance company. My wife was trying to get me off the phone at his point so I'd double check what I just said about the no-fault thing.
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