小額申訴贏面, 有請法律高手

Although peterchan7708 is a high ranking member, and his answers are mostly correct, this time I have to disagree.

In answering your questions:

1. No. See below for further explanation.

2. Yes. And I will explain further.

3. I will explain later.

4. No. The magistrate can in fact lower your claim based on the circumstance of the case.

Here is the problem - you sold the car. So you can't really claim the value ($17,000) to repair your car (as there is no car to fix).

However, you still suffer loss in this case (due to the loss of value from the sale because of the damage). So you can in fact sue in small claim for the loss of value from the sale.

For instance, if your car can be sold in $20,000 but got lowered to $15,000 because of the damage, you can seek damage of that $5,000, not the $17,000 anymore.

Of course, it is a court (although informal). You still need to show evidence and convince the magistrate that you are entitled what you are asking. Otherwise, the magistrate can lower your claim (but not denied as there is actual damage).

In term of the problem with that employee, you can let the magistrate to know that that employer intend to do so. Although it will not help much, but the magistrate can in fact instruct the employer not to retaliate against the employee.

Last but not the least, be reasonable. Don't think it is a money-making opportunity.

這裏可以幫到你
http://yahootwiawwi.w13.twsjkj.com/yahoo.com.hk/hk/auction/178987536

有時唔係你話幾多就幾多，撞花小小，然後全車噴油再裝返個大包圍！
點解唔改裝埋部車再抬過副偈姐？
道理上已經唔合情理！
你之前已經開價六千，現在上小額又改口萬七，個官聽到都覺得你有問題啦！
講返法律！你泊部電單車是不是合法電單車位先？
如果你是非法泊車，你都有責任，相信贏既機會唔大
仲要是告低收入人士，個官實唔幫你！
最後你部車已經賣出！死無對証，實好難打！
與其浪費時間金錢做無意思既野，不如去做下義工啦，個人都開心D啦

咁多問題, 一個答案:

架車已經賣咗,
你同你男友都無權申索. 你說 “…個buyer 就damage壓我價…”, 你大可唔賣, 等完咗呢單申索先賣. 佢壓你價, 你 (你男友) 都應承, 唔等完咗申索先, 無計.

2010-03-29 22:14:02 補充：
而家車主唔係你(你男友) , 你無權申索, 因為法律上你同架車已無任何關係. 佢無責任賠俾你.

2010-03-29 22:17:25 補充：
“…清潔公司個無良負責人話公司只肯賠$3000,話咩唔係就要個女工賠… 個女工係under emplyment, 所以係由emplyer 賠…” 唔好咁天真啦! 個僱主一定會要個女工自己賠, 否則大把藉口炒佢…

2010-03-29 22:22:06 補充：
一手推車滑出馬路, 撞低架電單車, 有幾大力度呀? 駛唔駛賠萬七呀?!? 你自已都話 “獅子開大口” 啦! 得饒人處且饒人…