Torrance, CA asked in Real Estate Law and Car Accidents for California

Q: Can I hire A Collision Shop Guy as Expert Witness?

My neighbor made 10 dings on assigned APT parking lots. He promised to repair by email n txt msg and appeared to me with a mobile dent repair guy. I refused the cheap services($500) for my brand new car($80K) on the street, instead asked for any bodyshop. He has not responded couple of months for 3-4K repair cost. I'm considering the case would be taken to the Small Claims court. I guess any expert's inspection and measurements be required in addition to his txt n emails just in case of his sudden denial at the hearing. I contacted some accidents experts, but they work for lawyers or insurances only. Can I find any collision(bodyshop) guy disinterested for expert witness who gave me no repair estimation? They will measure dings/dents height comparing to neighbor's car and play a role of witness in the court. Their fee can be awarded? or Any advice will be appreciated!

2 Lawyer Answers
Adam Stoddard
Adam Stoddard
Answered
  • Personal Injury Lawyer
  • Santa Clara, CA
  • Licensed in California

A: You can retain an expert to provide an opinion or cost estimate for the repairs and have them present those opinions or explain the estimate at a small claims hearing. I am not certain, but I doubt you can recover the experts fee in a small claims hearing.

Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: YES, SMALL CLAIMS IS THE ROUTE FOR YOU.

YOU CAN USE YOUR EXPERT. HOWEVER, THE ISSUE WILLBE HOW MUCH WEIGHT TO GIVE TO HIS TESTIMONY.

OF COURSE THE OTHER SIDE COULD BRING IN THEIR OWN EXPERT WITH MORE CREDENTIALS AND THEN THE JUDGE WOULD WEIGH THE TWO.

IF THEY ARE NOT PAYING YOU, I DOUBT IF THEY WOULD SPEND THE MONEY ON AN EXPERT.

PREPARE A DEMAND LETTER, SETTING FORTH ALL THE FACTS. GIVE THEM 10 DAYS TO RESPOND OR YOU WILL "PURSUE ANY AND ALL CIVIL REMEDIES AT YOUR DISPOSAL".

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