Legal Question in Civil Litigation in Oregon

My daughter fell off her bike next to a car parked on the street in our neighborhood and the handlebar scratched the paint on one of the doors. There is not dent just the scratch. I have no problem paying for a buff and paint touch up if necessary but the owner of the three year old car wants a new door panel. What am I legally required to do?


Asked on 5/02/11, 8:53 am

1 Answer from Attorneys

David Clarke David C. Clarke, Attorney at Law

Prior to a court order, you are not legally required to do anything. The owner of the car would need to take you to court, small claims court most likely. He/she would need to prove damages, which would essentially be the cost of reasonable repairs. Issue is what is reasonable. He would need to prove by a preponderance of the evidence that a door panel replacement is the reasonable remedy. You would need to rebut by showing that buffing is good enough. You would need quotes from body shops. Also, photos of the damage will be necessary to help the judge decide. If owner prevails, he/she will get a judgment against you which could be enforceable in a variety of ways. At that point you would be legally obligated.

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Answered on 5/02/11, 12:20 pm


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