I am not sure where to post this, but I have a situation on 26th Feb. I purchased an electric scooter for $480 on Feb 2nd and used that to commute to uni. I usually stored it at the top of the lockers (people put backpacks and other stuff that don't fit in small lockers at the top). It is a foldable scooter and I had put right at the center of the top of the locker.
On 26th, a girl comes up to me and says, "I dropped your scooter from the top of the locker when I was getting my friend's backpack. It might be the light that seems broken. If something doesn't work, then let me know." So I assumed maybe it was just as small scratch or light knocked out or something.
However, when I got there, the whole top odometer/glass/motherboard was out and cracked. See photo.
I messaged her the photos and the damage it was done, that adapters are broke, odometer is cracked, motherboard is damaged and it will not turn on. A few hours later, she says, "I'm sorry, but I can't afford to get you a new scooter".
Since I knew the girl and trying to be "reasonable", I said, "Okay, then how much can you compensate for this? This was my birthday gift that I bought for transportation to uni. It is 3 weeks old". She said, "I will ask my parents".
A few days later, I asked her, "It's been 3 days and I have been driving my car and paying for parking because I don't have the scooter. When can you let me know?"
Her response was, "Can I give you $75?"
I said, then who pays for the rest of the scooter since it can't be fixed and they don't sell those specific odometer parts separately (so I'd have to get a new one to get it back to its exact previous condition).
She then replies a few hours later (I assume she talked to her friends) says, "We should be lucky that it didn't hit me in the head or others, because the email from uni was to not put backpacks or equipment at the top of the lockers for safety reasons. So, I'm not all at fault."
Then, me trying to stay calm said, "So are you stating that it was 85% my fault and 15%your fault for pulling it down along with your backpack and breaking my scooter?"
She never answered me back for another few days. I then said, "Since you don't seem to be responding, we can just take it to small court for hearing to have a fair deal". A few hours later she says, "OK, that's fine, let me know". (I think she talked to her friends about it)
Then a few hours later, I told her, "Here is my resolution before we take it further. it should be whoever breaks, pays for it, but since I know you, I am willing to do 50/50% split. On top of that, since you don't want to pay me, I am willing to take 60% and you only pay 40% of it. So $200 will settle this and rest $280 will have to come from me."
This was the last message and she hasn't responded in another 3 days. I have no transportation and will not have one for next week either.
What can I do about this under property law? Can I take it to a court? Will I have to hire a lawyer? How does something like this happen?
Any opinions appreciated.
On 26th, a girl comes up to me and says, "I dropped your scooter from the top of the locker when I was getting my friend's backpack. It might be the light that seems broken. If something doesn't work, then let me know." So I assumed maybe it was just as small scratch or light knocked out or something.
However, when I got there, the whole top odometer/glass/motherboard was out and cracked. See photo.
I messaged her the photos and the damage it was done, that adapters are broke, odometer is cracked, motherboard is damaged and it will not turn on. A few hours later, she says, "I'm sorry, but I can't afford to get you a new scooter".
Since I knew the girl and trying to be "reasonable", I said, "Okay, then how much can you compensate for this? This was my birthday gift that I bought for transportation to uni. It is 3 weeks old". She said, "I will ask my parents".
A few days later, I asked her, "It's been 3 days and I have been driving my car and paying for parking because I don't have the scooter. When can you let me know?"
Her response was, "Can I give you $75?"
I said, then who pays for the rest of the scooter since it can't be fixed and they don't sell those specific odometer parts separately (so I'd have to get a new one to get it back to its exact previous condition).
She then replies a few hours later (I assume she talked to her friends) says, "We should be lucky that it didn't hit me in the head or others, because the email from uni was to not put backpacks or equipment at the top of the lockers for safety reasons. So, I'm not all at fault."
Then, me trying to stay calm said, "So are you stating that it was 85% my fault and 15%your fault for pulling it down along with your backpack and breaking my scooter?"
She never answered me back for another few days. I then said, "Since you don't seem to be responding, we can just take it to small court for hearing to have a fair deal". A few hours later she says, "OK, that's fine, let me know". (I think she talked to her friends about it)
Then a few hours later, I told her, "Here is my resolution before we take it further. it should be whoever breaks, pays for it, but since I know you, I am willing to do 50/50% split. On top of that, since you don't want to pay me, I am willing to take 60% and you only pay 40% of it. So $200 will settle this and rest $280 will have to come from me."
This was the last message and she hasn't responded in another 3 days. I have no transportation and will not have one for next week either.
What can I do about this under property law? Can I take it to a court? Will I have to hire a lawyer? How does something like this happen?
Any opinions appreciated.
