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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 129490
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Im looking subrogation attorney
, A while back I had a

Customer Question

Im looking for a subrogation attorney
JA: Thanks. Can you give me any more details about your issue?
Customer: A while back I had a confrontation with a hot tempered guy. His girlfriend and I are good friends. She had fled to my house because of them two having it out. The guy kept calling my phone leaving harassing and threatening messages which I still have. I warned the guy several times to stop calling and not to come to my home. Well a little while later who shows up. Fearing the worst after the phone calls I didnt want him coming up to my door so I went outside. He jumps out with a bat like Superman. I snatch the bat from him like out of a Chuck Norris movie. After seeing the fear in his eyes I threw the bat back at him at the same time Im telling him to get the hell of my property. Well the bat misses him and shatters the side window of his car. He jumps in his Corvette at hauls. Well I go in and call the police and he does as well. The cops and him both show back up. I told them that he was before warned not to come around and he came looking for trouble and found it. I cant help his window is shattered but it happened while he was in the commission of a crime (Criminal Trespass) Then John law wants to throw a curve ball and says, Well when you snatched the bat away at that point you were the aggressor and you should have at that point went inside and called the police. What! Who does that? During the meantime Superman is jumping up and down yelling that I need to fix his window for me to pay his 500 deductible. I never agreed to it. But we both agreed not the press criminal charges on one another. A few days later I get the report and the cop stated we didnt want to press charges but that I agreed to pay for his window. In Georgia there is a NO retreat law which states I dont have to back down or run away when someone come on my property using force. That I have a right to protect myself from the wrong doings of others. Well I just now got served and being sued in a subrogation claim from his insurance stating I owe them 3500.00 plus court cost and attorney fees to fix his window. Now this is where I need some help. Im pretty law savvy but do I have a good case? Im I in the right? Should I spend 2000 on an attorney? Is this a slam dunk case where I can represent myself? What if any can I counterclaim and sue them for? Your input will be well appreciated. Thanks for reviewing.
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Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Actually, the law on self defense states that once you use justifiable force to protect yourself from physical harm and the aggressor retreats or you stop the harm, any further actions by you can be deemed turning the victim into the aggressor. So in this case, "John Law" was correct. Once you took the bat from him, if he continued to attack you with his hands you had a right to defend yourself, but if he stopped coming towards you once you took the bat and you "saw the fear in his eyes," throwing the bat at him made you the aggressor.
You were wrong in throwing the bat. You would have been right in holding the bat and calling the police and if he attacked you again physically you could defend yourself. So, going and throwing the bat is what hurts your case and while you could try to argue his contributory negligence, they would argue throwing the bat at him was giving him his weapon back, which is not reasonable if you feared further attack. So in this instance your case would be very tough and you may be spending money needlessly to try to fight it.
However, that does not mean you cannot negotiate with the insurance based on contributory negligence of their insured and offer to settle for 50% or less of what they are asking and most times insurance companies rather take less than spend court fees fighting in court.