A member asked over 7 years ago

Damage to property (mobile phone)

Hi. A friend threw an object, similar to a rock, at my mobile phone and damaged it. They are now refusing to pay for repair costs. Do I have any rights to force them to pay for the damage caused?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. When a person’s property is damaged as a result of the actions of another, it is preferred that the two parties try and reach an agreement between themselves over how the cost of repairs will be paid. In NSW, Community Justice Centres (www.cjc.justice.nsw.gov.au) exist to help people who may have similar issues to yours. A CJC will try and encourage you and the other person to reach an agreement and, as in your case, share any costs that are incurred for repairing the damage. They offer friendly and professional services, with many of the matters that they handle resulting in a fair outcome.

However, from what you have said, the person who damaged your mobile phone is not willing to help pay for the cost of having it fixed. It then becomes a matter of whether you are willing to pursue them through court, in order to make them pay. Going to court can be expensive, and may require a lot of your time and effort. Depending on the value of your phone and how costly you anticipate the repairs being, this option is likely to cost you more than you are seeking to recover.

Suggested way forward

Having damage caused to your own property, regardless of how valuable it may be, can result in costly repairs that should not necessarily have to be paid by only you. You should speak to a CJC or a lawyer about your legal rights and options. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 7 years ago   Legal disclaimer


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