Somebody HIT my BABY and RAN AWAY!!!!
Banned
Joined: Jun 2006
Posts: 3,640
Likes: 13
From: NYC
2014 S550
What a crap situation this is. i actually just fixed my hood. I think some apple or something fell from a tree and put a little push in my hood. not a dent, not a paint prob, just sorta knocked it in - and i freaked out and my service advisor had MB NY fixed it in a few hours. So i can only imagine how you feel bro.
MBWorld Fanatic!
Joined: Dec 2004
Posts: 3,063
Likes: 26
From: Tampa, FL
2005 S500 4-Matic, 1978 450SL
With respect to personal property, the general view is that an owner may not commit an assault or battery upon the wrongdoer in order to recover property. A majority of jurisdictions recognize the right of an owner in hot pursuit of stolen property to use a reasonable amount of force to retrieve it.
But reasonable force may be used to protect property from wrongful taking or willful damage in the first place - before "hot pursuit" even has a chance to occur. There is a legally significant difference between prevention and recovery. Such reasonable force may be physical if it was the minimum effort necessary to prevent the taking or the damage, and this is even more true when the property is in close proximity to the owner.
The situation that Chucky300 presents was at the prevention stage, and in his very close proximity to the property - not a situation of recovery after the fact. In his presence, close by the property, the women threatened to cause even more damage than they may have already caused while he was away. Under his circumstances, force, including physical contact, would have been permissible in most jurisdictions - even in New York City.
Last edited by Skylaw; Oct 19, 2006 at 07:40 AM.
MBWorld Fanatic!
Joined: Jul 2005
Posts: 3,221
Likes: 11
From: Sydney, Australia
W203 slightly modified
MB World Stories
The Best of Mercedes & AMG
Manual Mercedes? 6 Times Sindelfingen Let Drivers Have All The Fun
Verdad Gallardo
Mercedes SLR McLaren 722 S Is Extremely Rare Example Modified by McLaren
Verdad Gallardo
8 Classic Boxy Mercedes Designs That Have Aged Like Fine Wine
Verdad Gallardo
Flawlessly Restored Mercedes 190E Evo II Heads to Auction
Verdad Gallardo
Electric Mercedes C-Class Unveiled: 11 Things You Need to Know
Verdad Gallardo
Mercedes EQS Gets A Major Update: Everything You Need to Know
Verdad Gallardo
5 Underrated Mercedes-Benz Models That Don't Get the Love They Deserve
Verdad Gallardo
Mercedes 300D Has Pushed Well Past 1 Million Miles and It Ain't Stopping
Verdad Gallardo
10 Most Reliable Mercedes-Benz Models You Can Buy Used
Verdad Gallardo
Member
Joined: Sep 2006
Posts: 93
Likes: 0
'03 S600
If the damage estimate was $900, would that change the premium as opposed to an estimate 3X that?
I figure that if one is going to spend $60k+ on a car, things such as MPG, car insurance fall by the wayside. I worry more about my investments....
I figure that if one is going to spend $60k+ on a car, things such as MPG, car insurance fall by the wayside. I worry more about my investments....
Banned
Joined: Jun 2006
Posts: 3,640
Likes: 13
From: NYC
2014 S550
Asssault (threat of force) or battery (contact) may perhaps not be legal to recover personal property long after the fact once it has been taken. It may be used in hot pursuit, which you mentioned, and which is obviously not "long after the fact."
But reasonable force may be used to protect property from wrongful taking or willful damage in the first place - before "hot pursuit" even has a chance to occur. There is a legally significant difference between prevention and recovery. Such reasonable force may be physical if it was the minimum effort necessary to prevent the taking or the damage, and this is even more true when the property is in close proximity to the owner.
The situation that Chucky300 presents was at the prevention stage, and in his very close proximity to the property - not a situation of recovery after the fact. In his presence, close by the property, the women threatened to cause even more damage than they may have already caused while he was away. Under his circumstances, force, including physical contact, would have been permissible in most jurisdictions - even in New York City.
But reasonable force may be used to protect property from wrongful taking or willful damage in the first place - before "hot pursuit" even has a chance to occur. There is a legally significant difference between prevention and recovery. Such reasonable force may be physical if it was the minimum effort necessary to prevent the taking or the damage, and this is even more true when the property is in close proximity to the owner.
The situation that Chucky300 presents was at the prevention stage, and in his very close proximity to the property - not a situation of recovery after the fact. In his presence, close by the property, the women threatened to cause even more damage than they may have already caused while he was away. Under his circumstances, force, including physical contact, would have been permissible in most jurisdictions - even in New York City.
You bet !!!!
