Legal Question in Personal Injury in New York

About 8 months ago (mid August 2009), my neighbor hit my parked car trying to avoid a bus. There was some damage to my left fender. She was honest enough to leave a note on my windshield admitting that she hit me and gave me her info to contact her to make some kind of payment arrangements. When we met a few days later, I showed her a copy of the cheapest estimate ($400) to replace the fender. She told me that the vehicle was her boyfriend's and that she was on unemployment but can give me $100 in a day or two and about $50 a month. It is now April and I haven't seen her or received any payment. I'm trying to be understanding because she was honest and didn't hit-n-run. What should I do next?

Steve in Brooklyn


Asked on 4/08/10, 2:10 pm

2 Answers from Attorneys
Jason Kessler Law Offices of Jason B. Kessler, P.C.

You should definitely sue your neighbor for properly damage in Kings County Small Claims Court.

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Answered on 4/13/10, 2:27 pm

I'd give your neighbor one last chance to make some good faith payment. Set a reasonable deadline. If the day comes and goes, you'll probably be heading for Small Claims. But consider whether having a good, happy neighbor, one who "owes you", is worth $400. Your call. Best, M. E. Zuller

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Answered on 4/14/10, 5:25 pm


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