Expert: Charlie Barone - 2/11/2010

Question
Charlie,

I was recently in a cab in DC and exited on the wrong side (street side) of the car.  When I opened the door, it tore off the right side view mirror of a passing SUV.  A police report was filed.

Now, several months later, the driver's husband is calling me and asking for money.  After doing some basic research, it seems that the taxi's insurance company is financially liable, even though they may not want to pay for it.  I also understand that this guy can bring me to small claims court and sue, and I was curious what kind of merit that suit would have.  It feels to me like he already got it fixed and is now just double dipping to get some more money.

Please let me know your thoughts.

Thanks,
-Seth

Answer
Seth,

You are correct in your assumption that the cab company's insurance company is liable for the loss. However, anyone can sue anyone else in small claims court. A case does not have to have any merit to appear there, but if you are served, you must appear in court to defend yourself.

If you had any liability in the matter you may have been contacted by the SUV's insurance company that paid the claim for the repair of the damage. It is illegal to profit from an insurance claim, so you may want to remind the husband of that fact.

Charlie