OHTA.ca

What are the legal ramifications if I dented another person's car with my fists (not my car)?

I was arrested, but *not* charged by the police. i.e. there's an arrest record on file with local police, but no ticket, no court date, etc.

I checked with the police a few days after the incident, and they told me that at this point, legally, I'm in the clear. I was "released unconditionally" at the time of the incident. That is, I won't see the police again for this situation.

They (the other side) is asking for $3000 to replace-and-repaint the hood; but it was a dealer-estimate; not an actual receipt for services-rendered / repair done. I checked with a couple of dent-removal specialists (with some pictures) and they all verbally quoted under-1k for the work (of course verbally, they all said it would be better if they could see the damage first-hand). It's hand-on-metal damage, so there's no paint scratches or some such. One of them even suggested they may be able to heat up the metal a bit and just pop the dent out... But they all uniformly said it wasn't a $3000 repair...

I was advised not to just hand over cash / cheque, as any receipt I obtained from the other side wouldn't be legally binding, and they could come back and claim I didn't pay them (i.e. end up paying twice). This part makes sense.

I understand that the other party can take me to small claims court for the damages, if so desired (it's a really shallow dent caused by one fist). Is this their only legal option if I refuse to agree to their terms to "hand over the cash"?

You're talking criminal and civil issues here. It's somewhat out of the realm of the forum.

As for the estimate, your thoughts and opinions are pretty common among individuals who foot the bill. That being said, they couldn't be more wrong. You don't have the luxury of picking and choosing where someone gets their vehicle repaired. If they want to go through a dealer, tough luck. They are not required to go to Johnny Dent because he quoted you $300 based on pictures. They'll just contact their insurance and be done with it. The provider will ask that a police report be filed (it was) and they'll deal with the rest. It's likely they'll look to recoup their costs with the provided information.

bend wrote:You're talking criminal and civil issues here. It's somewhat out of the realm of the forum.

As for the estimate, your thoughts and opinions are pretty common among individuals who foot the bill. That being said, they couldn't be more wrong. You don't have the luxury of picking and choosing where someone gets their vehicle repaired. If they want to go through a dealer, tough luck. They are not required to go to Johnny Dent because he quoted you $300 based on pictures. They'll just contact their insurance and be done with it. The provider will ask that a police report be filed (it was) and they'll deal with the rest. It's likely they'll look to recoup their costs with the provided information.

Thanks for the quick reply. Sorry for posting out-of-realm; just one of those bugging questions. I'll double-check with a lawyer .

Plus the guys who car you hit can change his mind and still have you charged criminally. You damaged his car and that is Mischief to property.

OPS

OPS Copper wrote:Plus the guys who car you hit can change his mind and still have you charged criminally. You damaged his car and that is Mischief to property.

OPS

I thought in Canada, it is the police who decide whether or not to charge someone, not private citizens. Is there a way to complain to the court to cause it to issue a summons?

EphOph wrote:

OPS Copper wrote:Plus the guys who car you hit can change his mind and still have you charged criminally. You damaged his car and that is Mischief to property.

OPS

I thought in Canada, it is the police who decide whether or not to charge someone, not private citizens. Is there a way to complain to the court to cause it to issue a summons?

Thanks for the feedback all. It was one of those can't-sleep type of questions, so I checked with the police of the jurisdiction I'm in, and they said that they can't come back after the fact and re-arrest me for the same incident. The police officer on-scene at the time made a judgement call not to proceed with charges, so there's nothing pending.

There's still a "local" arrest record in the police database that I'll have to deal with, but it's not a *criminal* record because charges were not pressed, I wasn't brought before a judge and judged "guilty".

I also checked with a lawyer - worst case is that I would have to deal with a civil suit from the opposing party down the road; it would be in small-claims court. I'll deal with it at that point. Hopefully my financial situation will have improved by then.

EphOph wrote:

OPS Copper wrote:Plus the guys who car you hit can change his mind and still have you charged criminally. You damaged his car and that is Mischief to property.

OPS

I thought in Canada, it is the police who decide whether or not to charge someone, not private citizens. Is there a way to complain to the court to cause it to issue a summons?

Yes private citizens can file charges directly with the court, they don't have to go through the police. Here is a link to the Ministry of the Attorney General's website that explains the process in more detail. https://www.attorneygeneral.jus.gov.on. ... cution.php