I already have an estimate from a dealership for 2447$ for parts and labor, dealer will need 6 business days to fix my car, which means I will need 8 days worth of rental car (6 plus weekend) that is 680$ and I want 2000$ for diminish value of the car. Person that did it works with me and I know he doesn't have any money. When I asked police officer about diminish value he said he doesn't want to hear it and If I want i can sue him for just that. I afraid that if he is going to get arrested the court will make him pay for only parts and labour. With that bein said my question is:
1. How do I collect monetary restitution in such case for diminished value?
2. After he gets arrested, will court make him pay for my rental car?
2. You said to go to small claims court, all the abouve numbers add up to over 5000$ and if I will hire a lawyer It will add up way over 5K. Who will pay court fees and pay the lawyer?
3. How do I figure diminish value of the car? It seems objective and if so how do I defend my number, such as 2000$, in fornt of a judge if there is no chart that can tell me the exact diminished value. I got 2005 mustang GT worth 15K by the blue book and I got 4000$ worth of after market part in it.
I do have a full overage but I don't want to have another strike against my insurance. In August, my motorycle was stallen and few years back my car was broken into. Plus I don't think that he should be able to destroy a property and walk a way because of I have an insurance. Also, he didn't get arrested because we both are in the Navy and I din't want him to get kicked out so we made a deal through the police officer that he will pay me back within 30 day, if not he will go to jail.
Q1: Would you advise me to take a lawyer.
Q2: Can I collect money for the repair from him and then keep it as a restitution for diminished value and have my insurance comany pay to fix my car?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).