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  1. #1
    Join Date
    Apr 2006
    Posts
    122

    Default Do You Have to Pay to Replace Property That You Accidentally Damage

    My question involves criminal law for the state of: CA.

    I was sitting outside of a coffee shop talking with a friend and he showed me his new CA RealID drivers license. It was a windy day and I felt that I was going to loose grip of it.

    My immediate reaction was to place the card to my chest to gab it to prevent it from falling on the ground like a cellphone. Ssomehow the card bent and for the likes of me I cannot explain how it bent.

    Immediately I apologized and my Friend yelled obscenities and I followed up with an appology email and voicemail. I did not purpisefully bend the card and I was not acting negligent.

    This would not have happened if my Friend did not hand me over an important document. I feel as if the quality of the card should be stronger. I barely rubbed the card up against my body to help catch it with my left hand.

    Am I responsible for replacng the card? How do we know that the DMV did not use a good plastic Even my credit card is made of striin her plastic and you would have to really bend it with two hands

    You see I take responsibility where its due and here I appoligized sinceely to my friend and I thnk its shared responsibility. If my laptop was damaged at a cafe they would not replace it but id it was in my home I would be responsible for the damage and my insurance would cover it.

    Was it right for my friend to use obscenities and other people heard and turned in our direction. I mysrlf would never draw attention to an accident no matter how upset I was.

    If Judge Judy took a case she would first ask my friend why did he show an important document to some one else? My defense is thst I was acting in a reasonable manner to avoud it from falling on the ground and it was instinct to bring the card towards my chest to help grab it.

    If I knew how easily it bent or how flimsy the card could be I would have not handled t in the first place. The same for borrowing a friend's expensive item. I am the first one to be afraid of damage and I treat their items like its my own and protect them the best way possible.

    Again I appoligized without taking financial responsibility unless it can be prooven that I am responsible. To keep the friendship I understand that he may be upset and I don't want that. He thanked me for my appoligy and I hope we can move on from this.

    I know it takes a long time to apply for a RealID and I was doing everything in my power to protect it

    Thoughts?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Do You Have to Pay to Replace Property That You Accidentally Damage

    If your friend reported to the police that you committed a crime and they appear interested in prosecuting -- you did post this as a criminal matter -- and you can resolve the matter by paying for a replacement license, then that would be a cheap way to resolve a potentially expensive legal matter.

    If you value your friendship more than the cost of a replacement license, that's your answer.

    Beyond that, your friend can sue you and try to prove that your actions were negligent or deliberate, you can defend yourself by claiming that you were not negligent and did not intend to damage the card, and you can see what the judge says.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Do You Have to Pay to Replace Property That You Accidentally Damage

    Quote Quoting travelplus
    View Post


    I know it takes a long time to apply for a RealID and I was doing everything in my power to protect it
    Well, you did something wrong because it broke while you were handling it.

    Stop making a mountain out of a molehill by trying to rationalize that it's not your fault.

    You broke it, you pay for it, get over it.

  4. #4
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Do You Have to Pay to Replace Property That You Accidentally Damage

    I believe the cost of a replacement drivers license in California is only $27. That's really not a lot of money (think of how quickly that would be spent at Starbucks). Why not be an extra good friend, offer to pay for a replacement and put this thing behind the two of you?

  5. #5
    Join Date
    Apr 2006
    Posts
    122

    Default Re: Do You Have to Pay to Replace Property That You Accidentally Damage

    My friend did not report it to the police but I wanted advice

  6. #6
    Join Date
    Oct 2016
    Posts
    1,131

    Default Re: Do You Have to Pay to Replace Property That You Accidentally Damage

    Quote Quoting travelplus
    View Post
    You see I take responsibility where its due...
    Well apparently not because you were certainly responsible here but are avoiding that responsibility. Pay the lousy 27 bucks.

    Quote Quoting adjusterjack
    View Post
    Well, you did something wrong because it broke while you were handling it.

    Stop making a mountain out of a molehill by trying to rationalize that it's not your fault.

    You broke it, you pay for it, get over it.
    I totally concur.

  7. #7
    Join Date
    Jun 2014
    Posts
    3,212

    Default Re: Do You Have to Pay to Replace Property That You Accidentally Damage

    You could have refused to accept the card. But, you did not. . The card was in your possession when it was damaged.

  8. #8
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Do You Have to Pay to Replace Property That You Accidentally Damage

    I have to ask. Are California's ID/DLs really that easy to break?

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