Q: I live in a gated community next to a golf course. A golfer broke an expensive stained glass window with a golf ball.
The replacement cost ended up being over $2,000, of which our deductible was $1,000. I caught up with the golfer who agreed to pay my deductible, but gave me a fake name & address. I found out who he actually was & gave the information to my insurance company. The insurance company mailed him 3 letters demanding payment, but he ignored them all. The golf course score card states right on it that the golfers are responsible for any damage that they do while playing. I also have the golfer on my Ring doorbell admitting that he will take care of the damage & telling me one lie after another about himself. Do you see any way that I would lose this case in small claims court?
A:
Yes, the chance of you personally winning or losing in any small claims court is the same: 50/50
If you hire an experienced lawyer to represent you, the chances of winning are markedly improved, but not certain.
P.S. Lose the argument about the golf course scorecard helping you win because that is NOT what the course is saying. The course is warning golfers about damages they do TO THE COURSE, not to your stained glass window. Your best argument is that the golfer has promised to pay for what he did several times, and has reneged.
A: If you sue the golfer, I suggest you consider also suing the golf course.
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