I was long boarding one night and then I fell off my long board, my long board started rolling down the street and then a car ended up running over it as it was turning right on an intersection, my long board ended up flying up in the air and hitting his side mirror which caused his side mirror to break. Before he hit my long board I tried running towards his car to stop him from going but he kept on driving that's why he hit my long board. I was wondering if I am at fault for this or not? He's asking me to pay for my side mirror, should I pay for it? Because he technically hit my board because he wasn't paying attention on the street?
Personal Injury Lawyer
Pay for the mirror - it's your fault for losing control of your long board
This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
I fully agree with Mr. Crosner. Pay the mirror. You have no way to avoid liability for the damages to the mirror.
Information posted or made available on or through the Site, including without limitation any responses to legal questions posted in Avvo Q&A, information provided in Avvo Legal Guides, and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (collectively "Legal Information") is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege.
Personal Injury Lawyer
Unfortunately, the accident would be your fault because you lost control of your long board.
Of course, you can refuse to settle and force the driver to sue you in small claims court, but then you will likely be liable for their filing fee in addition to the actual damage. Plus, you will lose the ability to negotiate a partial payment, or payment in installments, which you cannot do once the driver obtains an actual court judgment.
This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents.
I'm sorry that you were in an accident. Mr. Cosner is absolutely correct in his response. If you think he is asking for too much to pay for the mirror, then you have a different problem. Best of luck.