Legal Question in Civil Litigation in New York

4 year old scratches car

My four year old daughter scratched her 28 year old cousins 1994 mercury cougar. The scratch is about eight inches long and on the passenger door. I have offered to pay the $74.90 to have the scratches buffed out, they are not deep scratches. My daughters cousin and his wife have stopped speaking to us due to this incident and sent us a letter stating, ''If the vehicle is not repaird to thier satisfaction,we will have to pay for a complete paint service.'' Am I responsibe for this? The car is nine years old and has many other scratches all over it. Thank-you for taking my question.


Asked on 5/16/03, 1:08 pm

2 Answers from Attorneys

Darren Oved Oved & Oved LLP

Re: 4 year old scratches car

YOu are only responsible for the damages you caused. Get an estimate to protect yourself.

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Answered on 5/16/03, 1:40 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: 4 year old scratches car

A 4 year old will get into the most amazing trouble! They are hard to anticipate. You are responsible for the actions of your child at that age, but that may not include a whole new 300$ paint job! Just some bando and touch-up paint on a car of that make and year. However, the money involved in this suggests to me that the case will land in small claims court. The greatest damage may be to the peace and harmony within your family. Not everything is about the law. You are welcome to a consultation at no charge at my offices at 42 west 44th st, ny,ny. please call for an appointment first - 646-591-5786.

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Answered on 5/16/03, 9:29 pm


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