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What is the legal and moral liability in this situation (pedestrian brushing against car in his own garage)?

I have a renter staying in my house which I am also living in -- not really my idea, it was more like he asked because he didn't have anywhere else to stay, and I have him here not without reluctance. (He asked for a cut-rate rent rate in exchange for labor, which he is sometimes slow to do.)

Now the incident in question. Usually he parks his car in front of the house, but one day when I came home and he needed to get his car out of my driveway he put it in my (2-car) garage instead. However, he parked so close to the center that when I parked my car in it I barely could get my door open enough to get out (even though I was parked as close to the far end as I could). I pointed this out to him, but he declined to move his car. I then tried to get to my house door by walking between the cars, but my body brushed up against his side mirror. That is not a problem with my car, but apparently it was rather flimsily attached to his car and my brushing against it was enough to detach it from the car body. At that time he said OK it was his fault for how he parked, but now apparently he has changed his mind and is asking me to pay for repair as well as my car insurance information. Do I have to pay? Should I? Is there any reason to give him my auto insurance information (I wouldn't think so since I was a pedestrian here)? Would you think it wrong if I were to ask him to move out because of this?

3 Answers

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  • trai
    Lv 7
    9 years ago
    Favorite Answer

    Legally, your defense (called "assumption of risk") is sound. You told him it was too close, and he didn't move it, so it's his fault.

    Ethically, you should tell that jerk to get the heck out. But don't let this deter you from future generosity.

  • 9 years ago

    All is fair.

    Pay for the mirror.

    Then evict the person.

    The person would end up paying more in the long run attempting to find somewhere else to live.

    Said person, must evaluate, whether they have a great place to live at this present time. Considering they take the chance of eviction if they press the issue of the side mirror. That value of which would not be more than a couple hundred dollars at most.

    Compared to spending hundeds, close to thousand finding somewhere else to live.

    Shouldnt bother about car insurance info

    Its only a mirror. If you must pay for it. Pay for it , get a receipt for the mirror from the person for the mirror, and be done with it.

  • Me
    Lv 7
    9 years ago

    Why would he need your car insurance information, when your car did not hit his side mirror? I agree with you on this one. I would not give him my insurance information, as he does not need it. I would also ask for 3 estimates to fix the mirror. Then pay the lowest.

    Next ask him to move out with a written certified notice through the mail giving him 30 days to leave. If he doesn't heed this warning, then you can take him to court to get an eviction notice.

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