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Richard, Attorney
Category: Legal
Satisfied Customers: 55297
Experience:  Attorney with 29 years of experience.
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During the period of April 19, 2016 to June 7, 2016 my car

Customer Question

During the period of April 19, 2016 to June 7, 2016 my car was in ABP Automotive being repaired for damages from and accident, On May 11, 2016 my car received and Red Light Camera ticket for running a red light at 10:01 PM for which I paid $50.00, and another Red Light Camera ticket on May 19,, 2016 for speeding at 3:11 PM for which I was fined $75.00. In addition, because I was without my car for almost 2 months I had to rent a car for which I paid $96.55, all of which the owner Chris Ortiz said he would make good on to date he has reimbursed mo nothing and ignores all my attempts to contact himself. The total of all the monies that I've laid out comes to $221.55, however, am I entitled to additional damages. And how do I go about files a small claims in court.
Larry Barnard
Submitted: 10 months ago.
Category: Legal
Expert:  Richard replied 10 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 10 months ago.

Yes, you are absolutely entitled to more than this. The owner actions are fraudulent and/or grossly negligent. What you want to do is raise the stakes on him. Send him a certified, return receipt requested letter detailing the history and demand he pay you your actual out of pocket expenses plus additional amounts for his fraudulent and grossly negligent behavior within a short specified period of time. Inform him that if he does not timely comply with your demand, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention if forced to file this suit, you will be filing your claim not only as a breach of contract case, but also as fraud and gross negligence causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. Also let him know this will be part of his permanent record. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, he will resolve this to your satisfaction without a hearing rather than risk punitive damages and the judgments being on the record.

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