My fundamental question is how are property damages usually awarded? Purely monetary to the party who incurred the damage?
I have a neighbor kid who lost control of his ATV and ran into my house. His insurance won't pay the damages. I should not be liable to make a claim against my policy and affect my rates. He has agreed to fix the damage. I don't want to take this to small claims court, but he is starting to be a little unreasonable in my opinion.
I would assume I would get 2 quotes from contractors of my choice, and the court would award damages to be paid directly to me (from the neighbor) based on the smaller of the two quotes. (one of the quotes is from the builder who built my house)
The neighbor wants to use his brother to do the job and thinks he gets to pick the builder since the money is coming out of his pocket, and he thinks no matter who does the work, he gets the final say who does the work, and he would pay the builder directly, and I just get the final say when the work is completed. I don't want this to escalate since I don't want to ruin a relationship with a neighbor, but I want to know where this would go if it were to escalate. If this were to go to small claims court, would this be an open/shut case? There was no police report since the neighbor did it while we were on vacation, but there were other neighbors who witnessed the damage.
His brother wanted to start the work today without having ever generating a quote since they assume they will just pay each other. Would this fly in court as an appropriate way to restore my home?
I have a neighbor kid who lost control of his ATV and ran into my house. His insurance won't pay the damages. I should not be liable to make a claim against my policy and affect my rates. He has agreed to fix the damage. I don't want to take this to small claims court, but he is starting to be a little unreasonable in my opinion.
I would assume I would get 2 quotes from contractors of my choice, and the court would award damages to be paid directly to me (from the neighbor) based on the smaller of the two quotes. (one of the quotes is from the builder who built my house)
The neighbor wants to use his brother to do the job and thinks he gets to pick the builder since the money is coming out of his pocket, and he thinks no matter who does the work, he gets the final say who does the work, and he would pay the builder directly, and I just get the final say when the work is completed. I don't want this to escalate since I don't want to ruin a relationship with a neighbor, but I want to know where this would go if it were to escalate. If this were to go to small claims court, would this be an open/shut case? There was no police report since the neighbor did it while we were on vacation, but there were other neighbors who witnessed the damage.
His brother wanted to start the work today without having ever generating a quote since they assume they will just pay each other. Would this fly in court as an appropriate way to restore my home?