Recently my daughter caught my neighbor stabbing our above ground swimming pool, and our trampoline. When he seen her looking out the window, he jumped the fence, and ran through his back gate. The police state in the report that the wife, and husband had two different stories when they talked to them as to his whereabouts, and the neighbor was very nervous, and sweating... In short, the police didn't believe him. Anyway, the insurance company gave us 1800 dollars, and wanted a copy of the police report so they can take the neighbor to court. Will they really do this, and what usually happens if, and when they do?
2006-07-13 11:51:40 · 8 answers · asked by mojojo66 3 in Business & Finance ➔ Insurance
A detective has been asigned to the case, and we were advised by him to file our own charges, which we did that too.
2006-07-13 12:05:13 · update #1
To bostonianinmo, thanks for the comment. You mentioned that my neighbor was a kid. Well, he's a 30 year old man. I know, I know... My son is a brown belt in Karate, and this guy staged a fight between my son, and his, without my knowledge, of course, because he thought Karate was "crap". Well, my son beat his son, and ever since, this guy has harrassed us/my 11year old especially, and now we've sold our home, and buying a new one, just to get away from this psycho. We even built a 6 ft fence, but that made him worse. Now, we're moving, because we're literally afraid for the welfare of our son.
2006-07-13 14:47:50 · update #2
Yeah, I'd say that it's a certainty that the insurance company will go after the parents for compensation.
The insurance company's attorney will probably write a letter demanding that they pay and threatening suit if they don't. Most folks would be smart to fess up at that point as it would likely cost them more than $1,800.00 in attorney's fees to defend the suit, one that they are certain to lose.
At any rate, you don't need to worry! Just cooperate with your insurance company and watch the neighbors squirm. ;)
2006-07-13 14:13:50 · answer #1 · answered by Bostonian In MO 7 · 2⤊ 1⤋
They are going to decide if it make economic sense to go after the guy. Usually their in-house attorneys are very busy and they won't go to the court themselves. Also if the legal department is not in your state, their attorney may not be allowed to go to the court in your state. So, they are more likely to hire a local law firm (that they already have relationship with) to pursue the case. However, they would charge $200-400/hour for everything including phone calls and writing letters and you can imagine how fast they would end up paying $1800. Even if the court determines the guy is guilty, they might not award the attorney fees. If that the case, they may end up breaking even or paying more. Also the court hearing may not be scheduled for a long time and if the guy was not arrested, it means there was no solid evidence. Plus the fact that the legal system (and jury)tends to side with civilians rather than the big bad rich companies, I would say they have to be in a risk taking and vindictive mood to pursue the case.
2006-07-13 19:14:29 · answer #2 · answered by spot 5 · 0⤊ 0⤋
They will try. Too bad you didn't have cameras. I would still invest in some cameras on the property. My son's car windows were bashed in by a kid down the street and the police wouldn't even come out even though he admitted it and their was a beer bottle in the car, I'm sure with the kid's fingerprints. They only come out if something was stolen.
2006-07-13 18:59:01 · answer #3 · answered by Anonymous · 0⤊ 0⤋
As the injured party, the ins. co. wants their money back, and will probally sue for the ammount they gave you, court costs and out of pocket expenses. Normally, with your detailed police report, they will win. Just keep an eye on your neighbor...he won't be happy when he loses!
2006-07-13 18:56:55 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Get a good lawyer and sue the person or take him or her to court yourself. Judge Judy or Judge Mathis would love this. Make sure you document everything you do and keep copies. Don't forget the photos.
2006-07-13 19:30:02 · answer #5 · answered by chant 1 · 0⤊ 0⤋
The insurance company can compensate the damage to your property. With this, the insurance company can run after the vandals of your property as third parties to your claim.
2006-07-13 21:05:51 · answer #6 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
If they think they have a good case they can make a private prosecution to recover the cost of the claim
2006-07-13 18:55:48 · answer #7 · answered by engineer 4 · 0⤊ 0⤋
They'll try to subrogate, but his homeowners insurance (or rather, his parents') will not cover this, unless he's retarded. They will likely take him to small claims court, and they'll TRY to get wages attached, and if they succeed, they'll send you your deductible back.
But it takes a LONG time, and there's no guarantee that they'll be able to get it back for you.
2006-07-14 10:57:27 · answer #8 · answered by Anonymous 7 · 0⤊ 0⤋