19/f - this guy who i went to high school with who's 18 or 19 backed into my car the other day and did $1000 worth of damage. he refused to answer my calls/texts about getting his insurance info and denies he did anything, and his girlfriend is sending threats via facebook. anyways my mom works for a lawyer and we've showed him the pictures/texts and all the evidence and he said he will send a certified letter this week stating that if they won't work it out with us privately that we will have a suit filed. my concern is that they won't reply. being a certified letter, they have to sign a statement from the postman saying that they received it, and a letter is sent back to the lawfirm to confirm that. my question is, if they receive the letter and still refuse to call me or work it out, what can happen? will he get in legal trouble or anything? im not sure how all this works. i dont WANT to get anyone in trouble, i just want my car to be payed for and fixed, but they have me down to my last straw. also, this occured when i was home from college on christmas break, and now i am back 3 hours away so its hard for me to go back at anytime. also, the guys parents are apparently out of town so we can't get in touch with them.
[ Answer this question ] Want to answer more questions in the Miscellaneous category? Maybe give some free advice about: Random Weirdos? adviceman49 answered Tuesday January 12 2010, 1:45 pm: Signing for a Certified Letter only acknowledges receipt of the letter. Any trouble would come later if your friend still refuses to talk with you and the Lawyer is forced to file suit to recover the cost of damages to your vehicle. Then your friend has to show up in court and defend himself either by himself or with a Lawyer. The cost of hiring a Lawyer to defend him would be almost equal to the cost of repairing your car, which if he lost in court would cost him twice plus your legal fees if awarded.
Then there is one question the Judge could ask that would cause him more trouble. If he indeed hit your car, and I do not doubt you here, he is guilty of leaving the scene of an accident without making the proper notifications and exchanging of information. If you were injured he could be charged with a felony depending on the laws in your state. If your car was parked and you were not around he had several options in notifying you. Since he did none of them he could still be charged with leaving the scene of an accident.
I am sure if anything I said here is applicable your Lawyer will include this in his letter. Hopefully the knowledge that going to court could cause him to be charged with a crime will cause him to see the light. Listen to your Lawyer he/she will do the right thing for you and your mom. [ adviceman49's advice column | Ask adviceman49 A Question ]
Roxy07 answered Tuesday January 12 2010, 8:30 am: Hi there,
I also use to work for a law firm. It's not that they will get in trouble but sending a letter from a lawyer may certainly frighten them into answering your calls.
The letter would just state that the lawyer is aware of the damage done to your vehicle and if they do not agree to make suitable arrangements between yourselves then further legal action will take place. These words alone will definitely take the stubbornness away from someone.
If however, they do not respond to the letter or contact you or your lawyer to make payment arrangements then another letter will be sent out with further instructions that will or may take place.
Hopefully they are sensible enough to come to terms with their mistakes and take some responsibility. I know you don't want to take things any further then a letter but the people wont get a strike on their record.
My advice, send them a letter and make them pay for the damage they have done. Might as well teach them a lesson now before next time it ends up being more then $1000 worth of damage.
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