Trials
Well-known member
Is a crying shame because it looks like a really nice car, but at the very least you should frankenstein stitch it up with zip ties so it doesn't crack any further.
@hedoNow without context as to how the lawyer "threatened" you, the lawyer is 100% factually correct. If you lose, the defence can ask, and generally are awarded their costs. It depends on how much the lawyer "pads" their bill. Usually the judge will ask what the costs are, you have the right to ask the judge to order them to provide a detailed accounting. But in reality how will you know if the lawyer bills for 30 hours how long they actually spent researching and dealing with their client?
Now even if you win, and provide a estimate of say $3,000 to fix the damage the judge can still determine you were say 90% at fault for not seeing the object, and award you only $300
It isn't uncommon for legal fees to be in the $3 - 5,000 range, so best ensure you have a VERY strong case.
As for their defence, that is the BEST option they have. Had they said you didn't hit it, then they would have to be 100% sure you didn't have any witnesses that could say you did indeed hit it. By stating that all the damage consisted of is a small scratch, they are laying the ground work to minimize the damage claim. Then I suspect they will argue you bear the greater liability, as you should have observed the item.
You read my mind Riceburner. I've been on the phone with city bylaw and zoning today to find out if pinning the prefab curbs is mandatory or optional. If it's optional that's not a good thing for me. If it is mandatory, it's not a good thing for him. Thank you for your advice.If there is nothing in law or bylaws that state those curbs have to be pinned, I don't see the property owner being liable. Moved a couple days later makes no difference. Could have been moved by another car hitting it. Realistically it's not sticking out that far as to be "in the middle of traffic" as it were. Unfortunately it happend, but from an unbiased viewpoint, doesn't seem like you have a strong case unless I'm missing something.
It's a 2006 Mitsubishi Eclipse GT-P... there are no aero kits available anywhere left in North America. Mitsubishi stopped producing the Eclipse in 2012. The best the body shop can do is re & re / plastic weld / fill / buff / prime and paint the skirt. They quoted $800.You backed your car into a stationary object. It sucks and crap happens but I don't understand how this could be anyone's fault but your own.
A decent body shop could epoxy that crack and do a quick blow in on the bumper for not a lot of money and you would never notice it.
It's rustproofed and parked for the winter now. Great advice tho... thank you.Is a crying shame because it looks like a really nice car, but at the very least you should frankenstein stitch it up with zip ties so it doesn't crack any further.
It's the height of the curb that did the damage. Look at the height of the curb as compared to the skirt on the bumper... it folded the skirt, thus cracking / scraping it. If I had a pick up truck, none of this would be an issue as I would have cleared it. Having said that, I have a hard copy picture of the curb and you can see where other cars have done the same as me, hit it... only they drove off not caring. Perhaps that explains the female thing!
The first video is video at the scene of the crime so to speak. It just occurred.
The evidence that there was no preexisting damage to the bumper is seen at the body shop where I got the quote to fix the bumper. Two years prior a young girl rear ended me very lightly in the middle of a traffic jam. I had to calm her down as she was freaking out. I just took her plate number and went to a body shop in Barrie that is family run and has great reviews. They took the bumper off to inspect for damage and came back and said "you're the luckiest guy around, there's not even a mark on the bumper!" Insurance claim closed. They never even charged me to re & re the bumper.
His carwash portion of the business is open... the service bays have signs on them "permanently closed." How he's accomplished this is seen in his Google Reviews... arguing with customers that he and his staff did not strip the wheel nuts on the customers BMW. What a great location he has too. There are two other mechanic shops in Wasaga Beach that have a two week waiting list they are so busy. He had the building up for sale all summer, or perhaps the bank did for 1.2 million. It's just that prime a location. It looks like they are allowing him to run the carwash portion.
Sent from my HTC One M9 using Tapatalk
Thank you for all your input, it's very helpful. I never mentioned that the owner didn't get his defence in on time... he's just one of those guys. Thus I put forward a motion to find him in default... but the judge insisted that this case had to come before the court as what I have here is not "liquidated damages" ie a contract with a builder or a contractor to finish my basement. Once the defendant is found in default, he's not allowed to show up to in court to make his case. His lawyer called me and threatened that I would be responsible for the costs to motion the Court to remove the default status. I thought the law was the law, you don't make your case within the alloted time, you're out. Turns out that you can motion the court to remove the default finding if you have a good excuse. Again, there is right and wrong and then there's the law. His lawyer asked that I voluntarily remove the motion to default, and I did as apparently judges don't look to kindly at plaintiffs that move to fast to motion to default. There is a high success rate for lawyers who petition the court for a motion to set aside the default judgment. This lawyer was threatening me with those court costs. So I removed it voluntarily.. as I can't for the life of me figure out what his defence would be. As it turns out, he has none. But via lawyer trickery, a corrupt legal system, I now realize that this kind of intimidatiion works and I could end up paying for the whole thing, including his costs.
Strangely, his lawyer keeps emailing me asking me if I wish to continue or walk away, each of us washing our hands of the whole thing and each eating our own legal costs. I think he realizes that he's going to have to dig a defence out of his ass and hope for the best. I think he's wondering why his intimidatiion hasn't worked by now. Perhaps some people fear lawyers and just fold.
At the end of the day a solid case for me is as Riceburner wrote. If the zoning and bylaws require those prefab curbs to be pinned, he's pretty much f'ed. Else, it's probably not worth the risk.
Sent from my HTC One M9 using Tapatalk
@nakkers
As I wrote, to have my eyes on both exits and entrances of the parking lot. The one where I'm situated, if you back out of the vacuum stall in a 90 degree fashion, you run the risk of a car zipping in that entrance rear-ending you. The way I back up straight allows me the greatest field of vision of the entrances / exits should a car come zipping in... which they do all the time.
Sent from my HTC One M9 using Tapatalk
At the end of the day a solid case for me is as Riceburner wrote. If the zoning and bylaws require those prefab curbs to be pinned, he's pretty much f'ed. Else, it's probably not worth the risk.
Sent from my HTC One M9 using Tapatalk