Last year as i was meeting up with a friend. My cousin got out of a vehicle stopped in front of my car preventing me from driving off. Intoxicated, he then opened the passenger side door. I told him to stop as i had a heavy object in my passenger seat, but because he was intoxicated he refused to listen and forced himself in my car. Before he could even close the door he broke my heater vent on my dashboard. He promised to pay for the damages and havent. Hes ignored my phone calls until 7 months after i havent heard from him he told me that he wasnt going to pay for anything and i can take him to court. I love my car and its a red dashboard which is not easy to find. Its an expensive part and i cant believe my own family would screw me over like this. He was not invited nor wanted in my car, as he crashed someones rental car before and ran away from florida to avoid paying.
Its been way too long and too much air or heat blows out of the vent so i have to put the heat or air on the feet. I should not be incovenience like that and everytime ilook at my car that all i see.
I am taking him to court, but i want him to learn that he can not damage peoples property and not take responsibility for his actions. Can I sue him for the interest, the amount of time it took him to pay me..What about punitive damages...(i dont kno much about that) Can I sue him for court fees as well? I really dont feel like i should pay for court fees when I did not even invited him in my car. And is there anything else I can sue for like the incoveniance of my heat. I would also like to get an attorney and make him pay for legal fees but i feel like my case is so small that a lawyer may laugh. I really want to get him for being such a jerk about things.
Also, will i win my case as there are no witnesses only a broken vent that have the part and pictures for...its pretty much my word against his, i just hope judge will realize that i have no reason to make this up.
ANy advice is welcomed, I will also update you after the court hearing
Answer by Boatin' in VA!
You can sue for the cost of the vent and the court fees. Inconvenience? Nope...live with it. Attorney? You're going to Small Claims Court so no attorney...just you and him. Punitive damages? Forget it. Cost to get the car fixed professionally? Yes BUT only if it does not exceed the limitation of SCC in your state.
Will you win? Probably but it's possible you may not.
Good luck.
Answer by Toots
Like you said, it's a "he said, she said"...BUT...you may have a small claims case, for which you do NOT need a lawyer..no, punitive damages are rarely awarded in small claims court, especially since you suffered no bodily harm or legal or criminal actions against you for his negligence. I would sue him only for the cost of the part. BUT, you need to document the dates, times etc you have asked to him to pay for it..and take ANY proof you have (e-mails, witnesses)...ALSO, get THREE estimates of repair to take with you...better to have too much with you in court, than not enough. You can also ask for court costs on top of the repairs...but if you go in looking for punitive damages for a broken heater vent, the judge will laugh you out of the courtroom. (PS- you are also not allowed payment of interest since there was no money involved yet...)
Answer by reenzz
You can ONLY sue for the replacement cost of the damages and court costs. A judge may award you for "reasonable" attorney fees.
Although, without proof or witnesses...I don't see that you have a case.
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Orignal From: Will I win my small claims New Jersey case and what other damages and interest can I sue for?
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