Legal Question in Civil Litigation in Wisconsin

I own my home and share a driveway with the next door, who are renters. Last weekend my 16 yr. old son had 3-4 friends over and they left around 1200. Later on my husband heard a crash and saw that the neighbor's side mirror was knocked off her car, my son was inside and no one saw what happened. (The friends had already left). The next week she came over with an estimate for $300.00 to fix the mirror. Do we owe her the money? We offered to pay for half, but feel that may be unfair as well since was an accident and my son was not responsible.


Asked on 5/30/12, 12:28 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Of course, the right thing to do here would be for your son to pass this auto repair bill along to whichever one of his friends knocked the mirror off, and supply the name and address of the guilty party to the car's owner if they refuse to pay. This is true despite the fact that liability might be difficult to prove in court for the car's owner. However, proving her case in court could become easier to prove following the police investigation which will likely occur if the owner files a complaint for hit and run against the unknown guilty party. If there is a formal hit and run investigation, please be mindful of the fact that it is a crime to obstruct or lie to an officer in the course of an official investigation, although one always has the right to remain silent if one has a legitimate fear of incriminating oneself. If any of these things concern you, you should seek immediate advice from an experienced criminal lawyer. Please be aware that my responses to you in the public web forum do not make me your attorney and that I am not representing you or taking any action on your case. These answers are intended for public educational use only. Regardless of this, however, you are still welcome to contact me during business hours at my in Racine if you still have questions.

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Answered on 5/31/12, 6:40 am


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