I got a question about small claims and vehicle liability:

CCS

Senior Member
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26
(Point is at the end)

My roommates and I play musical cars every morning since there are 4 cars parked on a two car driveway in front of a track home. My roommate's car is a lot shorter than my old SUV. One morning, I started backing up, and I heard a little noise back there. I stopped and knew. I pulled back forward, saw the dent in his hood, and went in and told him. It is about as wide as my fist and 1/3 inch deep, in the front center of his hood.

He drives a very old car with black spray paint as its paint. But it is probably worth more than other old cars. It is not a real sought after classic, like a ford mustang or dodge dart. But it is one of the middle tears as far as classics go. My father thinks it is worth $4000.

I told him I'd fix it. He said not to worry about and just to spray more paint on it so it does not rust. I insisted I would get it fixed. He then complained to our landlord behind my back, and she told me I better get it fixed, but I get to pick the shop since I'm paying.

I want to pay a body shop to contour some bondo in there and make it look like new from the outside (the car does not look like new. It does not even have a grill.) He wants me to buy him a hood from a junk yard. My other roommate, also a car admirer, says a hood for this kind of car will cost $800 if we can find one that is not rusted or dented up.

He has friends who own junk yards. I don't know if they will give him a low price on the hood because he is their friend, or if they will raise the price because I have to buy, and then give him a commission for bringing them the business.

My question is, if he takes me to small claims court and insists that I buy him a new hood, would the judge let me just have a body shop bondo it?
 

GeminiX

Senior Member
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5
If the rule in the US is the same as the UK, they you would be responsible for returning the car to the condition it was in. Filler / bondo might be considered as a "bodge" rather than a full repair.

Other caveats might also apply of course, for example if both cars were on private land then there may be a clause in the property insurance rather than the motor-vehicle insurance.

As an aside, keep checking out ebay, even a mildly rusted bonnet / hood can be re-primed and be fit for purpose.
 
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