Unique Car Accident

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theanimechick

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One of the managers of my old apartment hit my parked car while they were on a riding lawnmower doing yard work. The guy told me he would pay for it and that he was really sorry but that was months ago and now he's jerking me around and saying it isn't all his fault and that he's going to give my quotes to fix the dent to the landlord and see what he does with it. I don't know what to do though. This whole thing has been a nightmare and I feel like they're not going to do anything about it. Do I have the right to sue HIM or do I need to see if this is something the landlord's insurance covers?
 
Of course you may sue him.
You're probably right to think he's trying to blow you off.

Write a letter to the landlord, detailing the accident.

Keep it factual, and make sure to include every discussion you had with the lanmower operator.

Include dates, times, and copies of some repair estimates for your car.

Send it registered mail, return receipt requested.

Include how and where he is to contact you and allow him 14 days to respond, otherwise tell you'll be instigating a small claims suit against him for the acts of negligence, and damage to your car by his employee/agent, "Joe Blow".

You could also file a claim with your insurance company, and they'll fix your car and go after "Joe Blow" under subrogation. That is the faster and surer route, if you have good insurance.
 
Thank you! I think I'll just go through my insurance because the landlord is currently refusing to give me back my security deposit so I don't trust him to do the right thing in this situation either.
 
Thank you! I think I'll just go through my insurance because the landlord is currently refusing to give me back my security deposit so I don't trust him to do the right thing in this situation either.



You'll probably need to file a police report.
Most insurance companies will ask you to file one.
This will go under the vandalism (comprehensive) portion of your policy.
Well, it should.
But, be prepared, if the insurance company says it is a "hit and run", because of the lawnmower.
The police will also guide you.
Bottom line, you want to tell them you KNOW who did it.
You saw him do it.
The police will want names, dates, times, names, and details.
 
This happened months ago?
You won't likely get the police to take a report... I certainly wouldn't. It is a civil issue over property damage.
Your biggest mistake is allowing it to drag on so long... that is what happens when you trust people... lesson learned.
If you get serious and file suit with the landlord for the damage (since it was his employee), then the landlord just might put the screws to the guy that actually caused the damage... because you know the landlord doesn't want to pay for it.
If you aren't willing to deal with the landlord then don't expect to get too far... but yes, you can file small claims against the person that damaged the car and let a judge hear it. Heck, sue both of them.
 
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