Rolando

So yesterday around 2am when i was leaving a lounge i got into an altercation with a bouncer because as i was leaving he kept following me towards my vehicle as my vehicle was double parked. I went to that lounge to celebrate my brother birthday in which he met me in the location. Since i do not drink and drive my friend who works for FDNY was operating my vehicle since he does not drink. I got into a heated argument with the bouncer because he did not stop bothering me as i was leaving and i did something i should have not done and i threw a can towards him because i was that mad at that point i was outside the lounge so i don't understand why he kept bothering me. As i sat in the passenger seat to leave as my friend drove away i felt someone touch my car initially i thought he hit the trunk with his hand and when i noticed he hit the car with a metal flash light 4 times creating four little dents. I should have called the police at the moment but i didn't because i know there was minors in the location and i didn't want to get anyone in trouble therefore i filled the police report later that morning. I'm considering taking this to a small claims court because once i leave a location no bouncer is suppose to follow anyone let alone damage private property. I got a estimate from a reputable body shop and by blending the trunk with the quarter panels the estimate after taxes is 924. So do you guys think i have a case?

iRock

iTrader: (12)

Idk call your insurance or lawyer for advise?

MikeyK02

iTrader: (7)

Best place for legal advice

Club Lexus....love that!

greg0126

iTrader: (2)

If your insurance policy covers vandalism I'd file a claim.

don

iTrader: (2)

With no legal background whatsoever, I'd say you provoked him. Especially being intoxicated, Judge Judy would throw your case out before you could finish plea-ing your case.

g2bme

iTrader: (6)

yeah, vandalism if your insurance covers it. you still have to pay a deducible if you have one. What venue was this?! lol I'd speak with the manager of that place. As far as having a case, you should have filed the police report there and then. You have a suspect and witnesses, it already looks shady if you're doing it the next day or after the event.

Pressing charges, yeah seek legal advice, but remember, you have the part of "I threw a can at him". So just remember he can come back and say some other story.

Rolando

nice sarcasm i just wanted to hear people opinion on the situation if you have nothing positive or helpful to say please don't post. Thank you

is150

iTrader: (10)

When the detective calls you follow through with the charges. The bouncer will either turn himself in on the criminal damaging warrant our will be arrested for it. Once you guys go to court, the bouncer will either go to trial or will just plea out and pay your deductible. If you go to trial (probably bench trial) the judge will decided if the bouncer is guilty or not. Take all the pictures you can for the prosecutor and get all the witness information. If found guilty the bouncer will be ordered to pay the deductible.
Your insurance should cover the fix (minus deductible) as long as you filed a police report.

I wouldnt worry about the whole fact you filed the police report till the next morning, alot if not the majority dont file reports till later. If the facts are as you describe, and not distorted to your favor, then you shouldnt have a problem filling charges and at least getting your deductible out of him.

Heather558

Since your threw something at the bouncer I don't think court would do you any good. Im not taking the bouncers side, he should have never of touched your vehicle and should have left you alone to begin with. You could try to file a claim for vandalism but then your insurance will ding you down the road for the claim. I would almost bite the bullet and just pay to have it fixed.

Heather558

I wouldn't go through all this for $900. Lawyer fees will cost more unless you know someone... If it was over $2000 then I would but 900- no way.

is150

iTrader: (10)

Lawyer fees will not cost him anything. Im suggesting a criminal case, not a civil case. Hes a victim, the prosecutor is his lawyer. The only money the OP will be out is time off for the court appearance. The bouncer (defendant) is the one that will have to pay for his own lawyer fees. Trust me, people file charges on others for significantly less than this.

Like I said, if the OP is being honest with the facts of this case and not leaving anything out, there is no reason not to file charges. He will most likely win the case and get his deductible payed.

don

iTrader: (2)

Doesn't the defendant only pay if the plaintiff wins? So if he loses, he's out additionally in court costs and time.

is150

iTrader: (10)

Yes, The def will only pay for the damages for the victims car if the victim wins. The Def will pay for a lawyer or court appointed lawyer regardless. If the Def is found guilty he'll have to pay for the cost of damage to the car also. But usually its just the deductible. Alot of times, the prosecutor and Def lawyer will work out a deal for the Def to pay for just the damages and the criminal charges will be dropped.

In criminal cases, its the Def who is out all the costs for lawyer fees. Hopefully i havent made this sound to confusing.

NorCalIS

iTrader: (5)

is150 has the best advice for you, and he is right when he says you have a case. The can thing was not a good idea but as long as it did not cause any bodily harm to the bouncer than it won't have any weight. Good luck.

calvin2376

iTrader: (2)

This is my understanding of the situation, and others can correct me if I'm wrong. Here are the steps:

1) File a police report (you've done this already)

2) File a comprehensive claim with your insurance company under vandalism, and inform them of the fact that you filed a police report and have identified the perpetrator

3) The insurance company will cover your damages under the comprehensive claim (you will pay the deductible)

4) The insurance company can then decide whether to pursue the bouncer for the payment they made for damages

This is my understanding of the situation, and is backed up by multiple results when you Google situations like this: http://carinsurance.about.com/od/Car...nce-Claims.htm

The only part I'm not totally clear on is if and how you and your insurance company can recover payment from the bouncer after the car is fixed. You'll be out the deductible, and the insurance company will be out the rest - obviously the bouncer owes you this money, I just don't exactly know how that works.