i feel as im being riped off. that was 6 weeks ago .i have recepts for 1500. he says i owe him 300.00 more.
2007-03-20 10:58:37 · 26 answers · asked by cathy g 1 in Politics & Government ➔ Law Enforcement & Police
He can file a civil suit for the $300 in the estimate. Your son can also be charged with malicious mischief.
2007-03-20 12:09:44 · answer #1 · answered by Jon L 2 · 1⤊ 0⤋
In the state of Ga., any damage $500 or more is called criminal damage and is a felony.
He can still file charges against your son, whether you have paid anything to him or not. Restitution is different from the criminal act itself. If your son did go to court, the judge can make you pay more than just the damaged amount. You have to think that while this car is being repainted, the person is entitled to a rental vehicle. This person has probably lost time from work by going to get the estimate, having to take the vehicle back to the paint shop, then picking the vehicle up once the job is completed.
Now, calculate those 2, 3, or 4 days missed from work, the cost of a rental vehicle (that is the same type of vehicle the person owns - no econo vehicle if he owned a SUV or luxury car), plus the cost of the damages to the paint.
As for your feeling as though you are being ripped off, you are. Your son is the one ripping you off, not the man who owned the car. No one forced your son to key the car. He did it of his own free will and against better judgment. He's the only one to blame.
2007-03-20 18:37:25 · answer #2 · answered by bluelights 3 · 1⤊ 0⤋
Sometimes the car repair shop will take what the Insurance will pay even if it is not the full amount of the estimate. The car could have been repaired at the Lester value and the owner has not told this to you. Call the repair shop and ask them, this guy might be trying to get the extra 300. Dollars. If he is lying the police will find out when he goes to file charges if he ever does it.
2007-03-20 21:49:26 · answer #3 · answered by boddkins 2 · 0⤊ 0⤋
It is your responsiblity to get his car back to the same condition it was in prior to your son's action. If he has a written estimate for $1800, and you've paid $1500, then yes, you owe him $300. Even if you pay the full amount, he still could file charges, although its obviously an implied agreement that if you pay for the repair that he won't do so.
2007-03-20 18:03:47 · answer #4 · answered by Erin Gamer 3 · 0⤊ 0⤋
If the final bill is $1,500, then you don't owe anymore. Only Judge Judy "might" find that you should pay the extra $300 for anguish of having to still work in the same area as the "victim", but I doubt it. That is a hefty price, your son must have made some pretty deep cuts into the paint job of this car.
2007-03-20 18:03:15 · answer #5 · answered by Curious_Yank_back_in_South_Korea 7 · 0⤊ 0⤋
Ideally you should have him sign a release stating that he accepts X amount of dollars from you and agrees to release you and your son from any future claim or monetary damages due to the incident.
You could argue that he implicitly agreed to settle the matter for $1500 when he took your money and/or cashed the check for $1500.
It would be better if you had something in writing though.
2007-03-20 18:03:48 · answer #6 · answered by shmigs 3 · 0⤊ 1⤋
The answer is NO, he can't file criminal charges!! (Or request that your local DA's office file) Once this man agreed to let you pay him for the damage that your son caused to his car, then this case turned into a CIVIL issue and not a CRIMINAL issue. However, if you and this man agreed on an amount that you were going to pay him, and you don't fulfill that agreement, then he can come after you in a CIVIL court for the rest of the money. As far as your son getting in trouble CRIMINALY, it is too late because a CIVIL compromise has been reached.
2007-03-20 19:35:59 · answer #7 · answered by brewbum80 2 · 1⤊ 2⤋
He can file a criminal complaint or a juvenile complaint, which ever applies. A court may or may not require you or your son to make restitution for the damage.
Stop trying to buy your kid's way out of trouble. He did the deed, let him learn the consequences. Be a parent!
2007-03-21 01:05:05 · answer #8 · answered by WESS LB 2 · 0⤊ 0⤋
Yes. Even if you paid the full amount, your son can still be charged.
Actually, the court can even argue that paying for the damage is admission to the crime.
He still committed a crime. He can still be charged for it whether or not the full debt amount is paid.
2007-03-20 19:15:06 · answer #9 · answered by Lisa S 3 · 1⤊ 0⤋
He was being nice to junior by letting you pay for the damage. I would have reported your son to the police so he could do community service and learn how the law works, and let my insurance sue you for the damages after I filed my claim.
2007-03-20 18:04:16 · answer #10 · answered by Anonymous · 1⤊ 0⤋