Hello GA Community,

I have been having an increasingly irritating problem in the last few weeks.

A few weeks ago, I noticed a red blotch of paint on my white car?s
door. I park beside a tenant who owns an older red truck. Although I
noticed the colour was almost exactly the same as the truck, I thought
it may have happened elsewhere, and let the matter go.

However, this past Saturday, a NEW blotch of red paint was added to my
car door that wasn?t there when I parked it Friday night. To make
matters worse, a third blotch appeared Sunday morning!!!!!!!

I spoke to the truck?s owner last night and showed him the damage. He
admitted that the colour appeared  very much the same as his truck,
but then said he couldn?t remember touching my door with his. He then
asked what I wanted him to do????? Arrrgh

My question is: Is there any course of action that I can take at this
point? I?m not talking little paint spots here, these are large
blotches that are definately noticeable.

Thanks

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Clarification of Question by steph53-ga on 22 Jun 2004 16:45 PDT

Tutuzdad,

When he asked what I wanted him to do, I told him to "fix" the mess.
He mumbled something about rubbing compound but I've heard that it
takes the shine out of paint...anyways he didnt specifically offer
anything.......

Pinkfreud,

I can't see any of my paint on his truck door, but I suspect there may
be traces when its open as I think he hits my car with the edge of his
door.

Mathtalk,

That would be the ideal solution but unfortunately we don't live in an
ideal world and I highly doubt that he would offer to pay for a touch
up paint job.

My other suspicion is that, as both recent *hittings* occurred on a
weekend night, that he may be drinking and driving. That may be the
reason he is smacking into my door and the fact he says he has no
recollection of hitting it.

---

Clarification of Question by steph53-ga on 23 Jun 2004 15:48 PDT

Mathtalk....

Please post your comment as an answer. I've decided to get the three estimates 
( I have one already for $ 115 ) and bring them to the Landlord to
pass on to him. I will attach a written letter telling him if this
amount ( of the cheapest estimate ) isn't paid within a reasonable (
say a month ) amount of time, I will proceed with legal matters. I
will keep copies of all.

Thanks all for your comments and help.

---

Request for Question Clarification by mathtalk-ga on 24 Jun 2004 13:42 PDT

Thanks, steph53-ga.  I found a couple of links which recommend this
sort of approach in disputing car repair costs.

If you could give me a city, I'd be happy to look for the small claims
court and dispute resolution resources in that area.  You'll be able
to post a clarification for this at any time, of course.

regards, mathtalk-ga

---

Clarification of Question by steph53-ga on 24 Jun 2004 15:54 PDT

Hi Mathtalk!!

Great!!! I live in a small town in York Region, Ontario, Canada I
believe the courts are all located in Newmarket, ON, Canada.

Just an update, I got all three estimates ($ 115, $ 105, and $ 117 ).
I am just waiting for him to come home to give them to him along with
my letter stating that if he has not paid me by July 24th, I would
take legal action.

Thanks Mathtalk :)

Hi, steph53-ga:

Here is a government Web page where the Ontario Small Claims Court
forms can be found:

[Ontario Min. of the Atty. Gen. - Small Claims Court]
http://www.attorneygeneral.jus.gov.on.ca/english/courts/scc/

If you drill down to the list of Small Claims Court locations, you'll find:

Central East Region - Newmarket  

Small Claims - Superior Court of Justice
Phone:  905-853-4882
  50 Eagle St.W.
  Newmarket, Ontario
  L3Y 6B1  

For some advice and perspective on the Small Claims Court process in Canada:

[CanLaw - What are Small Claims Courts All About?]
http://www.canlaw.com/scc/smallclaims.htm

Preparation will include filling out the necessary forms, collecting
evidence and obtaining witnesses, if possible.  Certainly in your case
color photographs of the vehicles and parking space assignments would
be helpful.

It would be better in many ways if you do not have to press a court
case, and by obtaining the three estimates you may help to convince
your neighbor to settle by showing, in a non-confrontational way, that
you are capable of diligently articulating your case.

The Law School at Queens University apparently gets law students
involved in helping clients to prepare Small Claims Court cases, and
this brochure seems to be a guide to doing this:

[Small Claims Court (PDF)]
http://law.queensu.ca/students/Legal_Aid/sccoutline2003.pdf

* * * * * * * * * * * * * * * * * * *

Prior to knowing your venue I'd found this Q&A exchange about an
incident in Utah, US:

[Repairman Damaged Car]
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=146241288

"Question: A tv Repair man tipped his ladder onto the hood of my car
putting several dents in the hood..."

[In-reply-to: Repairman Damaged Car]
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=619328270

"Reply: The repair man is being unreasonable. It is not for him to
dispute when and how you get your car repaired. Obtain two or three
estimates from reputable shops and include whatever additional costs
you need, such as the rental. Tell the repairman that he must give you
a certified check for the reasonable amount, or you will file suit. Be
prepared to give him a "release" which states that upon the check
being honored by your bank he is relieved from any futher
responsibility. If the repairman refuses file a small claims lawsuit
if the amount is less than $5000."

regards, mathtalk-ga

A great answer!!!
Its now countdown time see if he pays...

Thanks Mathtalk

It might possible for laboratory analysis to prove that the paint came
from your neighbor's truck, but that would be prohibitively expensive.

The only think I can think of is for you to inspect his truck
carefully, to see whether the transfer of paint might have gone both
ways. If he opened his door into your door, some of the paint from
your vehicle may have ended up on his door.

If so, that would be mighty persuasive evidence, assuming that he's a
reasonable man.

There seems to be a paragraph missing from your story. When he asked
you what you wanted him to do, what did you tell him you wanted him to
do?

Whatever it is, then that's what I'd expect him to do.

tutuzdad-ga

For example, ask him to pay to have the paint on your car fixed.

A touch up job might cost $100-200.  You could offer to provide three
estimates, and accept the middle one?

--mathtalk-ga

Next time, and now... get photographs of both vehicles then close ups
of the damage. The height of the marks will be a pretty good bet if
they came from the same car, not just the color.   Send him notes in
writing politely asking him to pay for the damage and enclose
estimates. Encourage him to send you things in writing. If he refuses
to pay, take him to small claims court.  Chances are you probably got
'ping' marks on your car that will require more than just paint.

Using rubbing compound on a newer car has a pretty good bet of ruining
your paint job and you should be extremely careful.  Some cars have
very thin paint or are clear coated and using harsh abrasive will chew
them up.

Actually getting him to fork over the dough is another matter.  If he
refuses, this could be a long process, but if you are persistent
you'll get your wish.

Switch parking places with him...!

Hi Steph53,

I know if this was my car I would be pitching a fit. However that
won't solve things.

1. I would take the pictures as previously advised. One before picture
showing his car not there, and no damage to your car, and then the
follow up picture is damage to your car with his car there. These work
as both evidence to him, and evidence in court.

2. I would then send him copies of these pictures requesting he pay
for your cars paint to be touched up, or have the car detailed.
  2a. if he refuses, I would take this to the next level of mediation.
If there is a landlord in common spake to him, if not I would ask
again letting him know you need an answer before the end of a 2 week
period or you will be bringing this to small claims court.

3. purchase an inexpensive car cover, some are more expensive then
others, but if it is more then just a light parachute type material it
will keep this from happening.

Sorry to hear you have to deal with this aggravation,
Mother911-ga

Depending on how big the paint splotches are, I have had great luck
using a white architectural or artist's eraser (available at arts
and/or craft stores that sell artists' supplies) to remove foreign
paint from my car. Be sure to wash the area thoroughly first so that
you are not grinding dirt grains into the paint as you erase.
http://www.dickblick.com/zz215/00/products.asp?param=0&ig_id=5954
http://www.dickblick.com/zz210/02/products.asp?param=0&ig_id=1346

Just an update for you folks!!!!!!!

The guy gave me a check for the lowest estimate on July 27th and I got
the car door fixed!!!

This experience has really restored my faith in humans :)
Thanks again!

I'm glad it worked out.  Human psychology can be uncertain, but it
sounds like you gave your neighbor a chance to do the right thing, and
he did.

best wishes,
mathtalk-ga

I am not sure about Canadian laws but if the US if someone dings your
car door there is nothing that you can do. I mean you can try but it
isnt enforcabale.

He he....

An anagram of PINKFREUD-GA is PARKING FEUD.

>> An anagram of PINKFREUD-GA is PARKING FEUD.

Hey, it beats FAKING PRUDE.