What can I do if my mailbox was knocked down by a motorist who said he would replace it but it’s has been 2 weeks and the mailbox hasn’t yet been replaced?

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What can I do if my mailbox was knocked down by a motorist who said he would replace it but it’s has been 2 weeks and the mailbox hasn’t yet been replaced?

A driver was observed by my neighbor driving recklessly. He then hit my mailbox. I received a knock on the door from the man and he had my mail in his hand. He told me his version of what happened and said he would replace my mailbox by Friday of that same week. It is going into three weeks and my mailbox still has not been replaced. Yes, I made contact with him after the time in which he was supposed to have replaced my mailbox and all I have received is excuses. I have been patient and tried to give this man a chance to replace the mailbox. I am disabled and have limited resources. At this point I would need to know what course of action can I take to have this man be accountable for replacing my mailbox? Can I file any legal charges against him?

Asked on February 29, 2016 under Accident Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you can't file charges for an accident--that's not a crime. (If he had *intentionally* knocked down the mailbox, that would be  different story: intentional property damage/destruction is a criminal act.)
You can sue him for the cost to repair or replace (including the labor cost for a carpenter, handyman, etc.) the mailbox. A good option is to file in small claims court, on a "pro se" (as your own attorney) basis, which will minimize legal costs--you'll just have to pay the filing fee.


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