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Question

What steps should I take when a party will not accept fault for property damages and is only willing to pay half of the damages, when it is clearly due to negligence?

Submitted: 319 days and 11 hours ago.
Category: Legal
Value: $30
Status: CLOSED
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Optional Information

Colorado Springs, Colorado

Already Tried:
After I was notified that the camper in the space next to my car at a storage lot fell over and damaged my car, I immediately got pictures and body work estimates (totaling around $900). Then I called the person who owns the lot next to mine and asked them if they would be willing to pay for the damages. They said that their lawyer told them because it was an "act of god" that they are only going to pay for half of the damages. This is clearly a result of negligence and I feel that I should not have to pay anything. I'm not sure if I should file a claim for property damage or if there is any other option.

Accepted Answer

Dear Weller Jr.,

You should treat the other party's offer to pay half the damages as a settlement offer. If it is unacceptable to you, the best course of action is to reply with a counter-offer stating the amount you feel you are owed, and the reasons for it. You should make it clear to the other party that if they do not comply with your demand, you may take legal action against them.

If you are unable to resolve the problem in this way, you can consult a local attorney, who will be able to tell you if you have a cause of action (if you can sue). Since lawsuits are expensive, however, reaching a settlement with the other party is almost always the best way to go.

Good luck!
Andrew

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Expert: andrewgrossman
Pos. Feedback: 100.0 %
Accepts: 
Answered: 1/8/2009

Attorney

Member, California State Bar

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