Do I have to pay if I didn't provoke the incident?

Question

Some guy called me a ****** for commuting to work on a bicycle and I broke off his driver's side mirror. He then ran me off the road and two people jumped out of the car and made me give them my address so I would pay up. They threatened me twice that they know where I live and they would come and beat me up. Do I have to pay for the mirror? It was $300. What is the least I can get away with? I didn't start the whole thing after all, I was just minding my own business. He didn't get a police report, but he has my signature (although under duress) that I'd pay for the mirror. I was thinking of mailing $150 and calling it even. What do you think?

Answer 1

Technically he did provoke the incident, but you are not legally justified in retaliating for verbal abuse. Calling you a (whatever that word is) is not against the law, destroying private property that isn't yours IS.

Answer 2

Sorry, but "he started it" is not an valid defense for causing property damage. Of course you could be difficult and have them charged with terroristic threats, but you'd also likely be charged with vandalism.

Answer 3

Legally, you are liable for repairing/replacing the mirror; his verbal insult did not give you the right to damage his property...you are guilty, it is just a matter of how much it will actually cost to repair the mirror.  

You should has him for copies of estimates from several shops or better yet, do your own shopping and get written estimates to find out how much it will cost to repairing/replacing the mirror.  As it doesn't sound like the mirror itself was damaged, it could be that it can be re-installed and you would only have to pay for labor, or only part that was broken of...varies greatly depending on what type of vehicle it was and how the mirror was mounted.

If you were to get three written estimates you could send him the lowest one along with a check for the amount and write in the memo section that it is for repair of the mirror damaged on his (state vehicle year and model, then date the matter happened) write on the back of it above the signature line "Restricted Endorsement - Signature Guarantees Payment if Full".   If he cashes it, he is not going to be able to win in Small Claims Court.

Only caveat would be to find out if he had insurance on his vehicle at the time of the incident - if not, he would not have had a legal right to be on the road and he would not be able to win in Small Claims Court.

Answer 4

Your signature has no legal baring because you were forced into it.

However, yes you do have to pay.  He may have insulted you but instead of ignoring you caused property damage.   You shouldn't have given him your address and called the cops because he could be charged for assault and possible imprisonment. But you can be charged with property damage.

But yes you do have to pay, from a legal stand point.

Though your only mistake was giving the guy your address and not calling the cops on him.