Expert: Robin Sexton - 5/3/2008

Question
sorry about not making it clear.

I'll clean it up

"Hi how are you?
My brother broke someone's mirror of of their car when  he was being stupid and drunk.
Anyway, he was under investigation(by the police)  and the charges were dropped(the police contacted the owner of the car and the owner decided to drop the charges). under the condition that he would pay for the mirror.

The person whose property that was broken
is saying it will cost 600.00 dollars to replace.(he claims to have gotten an estimate and wants it taken to the dealer)
I found the sideview mirrors online for 30 bucks a piece.

By the law
Is he(my brother) required to replace the mirrors at their(owners) discretion or can he replace them him self.
or can he just give them the parts?

Is he required to pay the outrageous price of 600.00 or can he make them( the owner) shop around.

Also one of the mirrors just popped off and it looks as if it was glued on before. it can be fixed with some caulk
is that allowed under the law?(to be fixed by my brother)

Also if they(police and owner of the vehcile) dropped the charges and he pays to have the damaged property fixed and my brother pisses the kid off again, can he just re-file the charges?


Answer
Mike,

I am fine thanks for asking.


Once a person decides to drop charges it is difficult to reinstitute unless there is a complete disregard for the issue at hand. Agreed 600 dollars is a "tad" high for an outside mirror.
Since there is an agreement between your brother and the car owner this now falls into the realm of civil / contract law as compared to criminal, thinks "peoples court" stuff.  Your brother is not required to pay extortion nor is he allowed to low ball the repair either. So lets think reasonable.  Have the driver submit the estimate in writing. He could then compare with other shops.  If your brother completely ignores any reasonable request it is possible charges could be issued.  However the police / prosecutor will not be eager.  Your brother should protect himself by keeping things in writing.  Assuming your brother has every intention of honoring his agreement he could check into local dispute meditation.  Normally a free service in the area.

Good Luck,


Robin