Owner does not wish to be reimbursed for damages

This is a discussion on Owner does not wish to be reimbursed for damages within the Accidents and Injury Law Questions forums, part of the Legal Questions & Answers Forum category; My girlfriend was alone in her car on her way home one night, when she took a curve too fast and the road was wet and slid off the road ...

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  1. #1
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    Owner does not wish to be reimbursed for damages

    My girlfriend was alone in her car on her way home one night, when she took a curve too fast and the road was wet and slid off the road and into a fence. She was fine, the car was deemed totaled due to under-body damage caused by the fence. The owner of the fence was first on the scene to help her, and got her safely out of the car. He stated to her and the State Trooper who eventually arrived that he did not wish to be reimbursed for the damaged fence.

    The Trooper who did the accident write-up stated on the form/ticket that she basically was going too fast around a wet curve. He told her to get an insurance letter and take it to court to have it dismissed. She obtained an insurance letter, which was two sentences to basically state that she has liability insurance coverage.

    She went to court yesterday and the DA told her that she needed to provide proof that the damages were paid for - the insurance letter wasn't enough as it was. Being her first time in a court room (and no lawyer because we thought this would be easily dismissed) she was overly nervous, and failed to mention that the owner of the fence didn't wish to be paid (and the present Trooper didn't say anything either), so her case was continued a month.

    So my question is, what does she need to get this dismissed? A signed letter from the owner of the fence stating they do not wish to be reimbursed for the damages (the missing section of the fence as already been replaced by them)?

    Thank you for any help!


  2. #2
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    It sounds like you need the property owner to sign a statement saying they are declining restitution and consider any potential claims against her from the accident to be paid in full. Get it notarized.

  3. #3
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    Absolutely, a signed letter from the owner of fence should suffice.


 

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