QuestionHello, I am asking the following question:
I was involved in a very minor accident with my Bobcat 731 skidsteer and a
2002 Chevrolet Avalanche, where my left front Bobcat tire barely contacted
the plastic front valance which covers the front bumper, on the passenger
side. This caused 4 little plastic retainer clips which secure the plastic cover to
the inside lip of the front fender wheel well, to snap. This made a huge
amount of noise when it occurred, (Bobcat operator is sitting only about 3 feet
away from the left front tire on the Bobcat) but upon inspection, both I and
the driver of the (parked vehicle) saw that it had only broken these four clips
and that the plastic valance was undamaged.
A body shop has written an estimate for $23.40 to make this repair,
including parts.
As it turns out, the driver of this Avalanche is an attorney and he, being
represented by his law partner are suing me for $8,000.00, of which they are
claiming $1,286.00 for actual repair damages. Subsequent to the accident,
about two months later, they took this Avalanche to a body shop and asked
the body shop to estimate repairing every single dent/ding on the rt. side of
this vehicle. Aside from a couple of very small marks to the paint on the rear
passenger door, the only actual metal distortion to the rt. side of the vehicle
are two almost imperceptible (have pictures) dents about 6 inches apart, just
below the passenger door lock. There is no other damage. So this body shop
gave them a quote to remove all of the plastic cladding on both rt. doors,
door handles, mirror, etc. to strip both doors for repainting the doors, and to
blend the paint into the rear fender and front fender for a good color match.
The body shop is in no way supporting or denying any claim that this owner is
making, that my Bobcat made these two dents.
I refuse to pay these two scam artists/lawyers and hired, at great
expense, an automotive collision reconstructionist expert witness to evaluate
if it is even possible for my Bobcat to have made these two separate
imperceptible dents. He has determined that it is pretty much impossible for
my Bobcat to have contacted the door in this area on the door. What he
cannot conclusively say is that somehow hitting the door with a component of
the Bobcat, much lower down on the door, under the cladding, "might"
(however pretty unlikely) translate through the metal door skin, up to the door
lock, showing absolutely no metal distortion to the door except these two
imperceptible door dents. He maintains that he can not 100% conclusively say
that this metal fatigue transfer did not take place because he is not a
metallurgist.
My question is, can you suggest the "type" of expert witness that could
testify to this specific issue, is it possible for these two imperceptible dents, 6
inches apart, under the door lock, have been caused by an impact of any sort,
somewhere else on the door, without some evidence of that contact
elsewhere on the door, be present. My expert witness suggests that there
could be damage "under" the plastic cladding and yet the plastic cladding
"sprung" back into it's original place with no damage whatsoever.
As it turns out, Chevrolet Escalades have the same door, without this
plastic cladding, and what I found on inspection of one of these doors is that
the metal door skin, lies directly beneath this plastic cladding, the skin not
being at all a flat piece of sheet metal, rather it curves from the bottom to
mimic the bulge of the plastic cladding, then a substantial crease along the
entire length of the door, just at the top of the cladding, then the door skin
goes back in towards the vehicle, where it flattens out and proceeds up to the
window, with only minor curve. It seems absolutely impossible that an impact
at the plastic cladding, which by definition would be "below" this full length
crease in the metal, could create two little dents up by the door lock, without
somehow affecting that crease.
Any advice on finding an expert to evaluate this would be appreciated.
We would much rather spend $8,000.00 on expert witnesses than give these
scam artists a penny. Thanks Chad Attwood
AnswerHi Chad,
This is a tough case.
Unfortunately, I do not know where you would find an expert that would be able to to provide what you are looking for. It is much more complicated than you think. In this case it would not be just someone who knew metal characteristics, but would requirs someone to actually conduct damageability tests in an attempt to re-create the damage. This could cost hundereds of thousands of dollars.
You stated that you have photos of the vehicle that your bobcat hit. I think your best defense would be to go to court, show your pictures, show the body shop repair estimate of $23.40. Bring your expert to court to testify. You must remember that it is up to the other side to prove their case. You simply indicate tat after the incident everyone was in agreement that the damage was only to the clips. Then later they concocted a sceme to part you with your money.
I hope this helps
Richard Hixenbaugh
