If I may have dented a car with my backpack, can the owner get money out of me?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I may have dented a car with my backpack, can the owner get money out of me?

My friends and I were talking after school by the main gates and we stayed there around 20 minutes after the final bell. When we were walking down the street and we stopped in front of a car. We talked there for a while and then the crossing guard (owner of car) starts ranting at us how we dented his car. I see no dent what so ever but lets continue. He demanded I give him my number so I did and he said “Your dad is paying for this” My friends say I didn’t touch the car and he is lying. He has no witnesses.

Asked on November 5, 2011 under Bankruptcy Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Two different issues:

1) Legally, IF you damaged his car either deliberately or carelessly (negligently), he could recover money from you--though he'd have to sue you and win, to do so, and could only sue for the amount of the damage (which may mean it's not worth suing); that however brings us to the second issue, which is--

2) Factually, if the car owner sues you, he will have to prove, by preponderance of evidence, that you caused the damage. If he can't prove it, he can't win. So you have witnesses that will testify you did not touch his car, and also if the type of damage or dent is inconsistent with what your backpack could do, he is very unlikely to prevail.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption