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Friend Ripped Car Door Handle Off

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  • 03-25-2011, 06:25 PM
    joshmckowski
    Friend Ripped Car Door Handle Off
    Am I in the correct forum? Please move this thread if I'm posting in the incorrect forum.

    This last Saturday my friend had a social gathering at his house. There was drinking at the house and things got a little out of hand with me. Someone tried to box me with boxing gloves, and I completely took everything the wrong way, and went psycho on everyone there. After getting extremely frustrated, I decided I would go to myself and drive myself either to home or to a different place where I could cool down and rest before going home.

    On the way to my car a friend of mine was following me. I pressed the unlock button which only unlocks the drivers side door, NOT the passenger side. Once I got into the car I heard him pull at the door a couple times before he actually realized it was locked. I knew he was pulling at it and trying to get in because if you pull on my cars door handle and let go, it will make a loud ting noise which is similar to the sound of hitting an object on a hollow metal square. I turned my car on and accelerated off where he continued to rip at the door handle and eventually rip it off. I didn't realize the door handle was gone until the next morning.

    I asked him to pay for the door handle he ripped off and he says that it's my fault and refuses to pay.

    Whose fault is it? Mine or his?

    And what kind of legal action can I take to get my car fixed?

    Thanks!
  • 03-25-2011, 06:51 PM
    jk
    Re: Friend Ripped Pasenger Side Door Handle Off
    Quote:

    Whose fault is it? Mine or his?
    based on your presentation here; his

    Quote:

    And what kind of legal action can I take to get my car fixed?
    I don't know any lawyers that do mechanical work. You would have to take it to a mechanic/body repairman.

    If you mean how to get the friend to pay for it; start with handing him a copy of the paid bill and asking for payment. If he refuses, suing him in small claims court would typically be the next step.
  • 03-25-2011, 07:08 PM
    joshmckowski
    Re: Friend Ripped Pasenger Side Door Handle Off
    My main problem is this:

    Since we were drinking, would I need to admit to DUI to the judge in order to sue him?
  • 03-25-2011, 07:28 PM
    jk
    Re: Friend Ripped Pasenger Side Door Handle Off
    well, it's not a requisite action but it could come up in court. Your benefit here is drunk driving usually requires a few things such a BAC test or observance by a police officer to be able to be charged for it. So, while you may have admittedly been drinking, determining DUI is not possible.
  • 03-25-2011, 07:44 PM
    joshmckowski
    Re: Friend Ripped Car Door Handle Off
    Interesting..

    That night I also said some drunken remarks and made some death threats... Can I get in trouble with the law for that? I know it sounds comical, and Of course, I didn't mean any of it I was just drinking and being an ass.

    You're saying if I sue the guy, It's a possibility that I can get in trouble for drinking and driving? I mean, I can't exactly tell the story of how my handle got ripped off without adding that I was drinking, know what I mean?

    If you look at the story both ways it can also look like it's my fault that the handle ripped off, can it not?
  • 03-25-2011, 08:30 PM
    jk
    Re: Friend Ripped Car Door Handle Off
    Quote:

    It's a possibility that I can get in trouble for drinking and driving? I
    No. I actually said it is more likely you wouldn't get into trouble. Without a blood alcohol content test or an officers testimony to you being drunk, such a charge cannot generally be sustained. It is quite possible the judge chastise you for drinking and driving but without evidence, a charge cannot be sustained.

    Quote:

    If you look at the story both ways it can also look like it's my fault that the handle ripped off, can it not?
    How? I'm not seeing where you taped his hand to you handle. It was his choice to grab it and yank on it.
  • 03-25-2011, 10:17 PM
    adam_
    Re: Friend Ripped Car Door Handle Off
    Take a long look in the mirror.

    Then recognize that your drunken actions likely contributed to the situation.

    Ask him to split the cost?
  • 03-25-2011, 11:01 PM
    joshmckowski
    Re: Friend Ripped Car Door Handle Off
    Cant he just argue that i took off too quickly and that my "speeding off caused" him to pull it off?
  • 03-26-2011, 09:45 AM
    Mr. Knowitall
    Re: Friend Ripped Car Door Handle Off
    He can argue whatever he wants. Yes, obviously, he could argue that the handle came off when he was trying to open the car door to stop you from driving when you were completely wasted, and you gunned the engine knowing he was holding the handle.
  • 03-26-2011, 10:35 AM
    joshmckowski
    Re: Friend Ripped Car Door Handle Off
    Quote:

    Quoting Mr. Knowitall
    View Post
    He can argue whatever he wants. Yes, obviously, he could argue that the handle came off when he was trying to open the car door to stop you from driving when you were completely wasted, and you gunned the engine knowing he was holding the handle.

    I know thats what im trying to figure out... Who is right here? Me or him.
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