Legal Question in Civil Litigation in Wisconsin

Our daughter hit a parked car in a parking lot, the trailer hitch put a small hole in the bumper of our car, she went in to the business and talked to the owner, the owner of the vehicle told our daughter that the vehicle wasnt damaged and she could leave and go back to school..... 2 weeks later she sent a estimate to our house saying there was 985.00 in damage to the vehicle.... the police were not called and no insurance information was exchanged, in her letter with the estimate she threatened to take us to court if we dont pay for the damage.


Asked on 10/01/11, 2:10 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Unless one obtains a signed "release of all claims" document from anyone who has a potential adverse claim, the adverse party always has the right to change their mind about whether or not to pursue the claim, as well as about how much to pursue. Of course, if you are sued, you would be able to introduce the original statement that there was no damage during the trial as an admission against interest. The judge would then need to sort out the claim and decide what, if anything is owed. You would have an option before trial to request a court order to permit you to get an independent estimate for use in support of your case at trial. All of this may not really be worth it over $985, but that is a decision which you will have to make. Most parents of youthful drivers, however, are more likely to be more concerned about the long term cost of their insurance than over a few dollars, motivating a settlement attempt before a formal claim is filed on a small item such as this. My comments here are not legal advice, nor do they create an attorney client relationship between us; rather they are only for public educational purposes on this website. You are, however, always welcome to contact my office in Racine to discuss any additional questions which you may have or to set up a free consultation.

Read more
Answered on 10/04/11, 4:51 am


Related Questions & Answers

More General Civil Litigation questions and answers in Wisconsin