A feww weeks ago my son got his car windows smashed by a teen with rocks.Do you have any advice of what i can do legally the boy is still a teen and he also drives.The law isnt doing anything about it and where i am from saskatoon, sask.canada there is a deductable of $700 I dont think my son should have to pay for it.My son is only 17 also and worked all summer to purchase his car and even had to borrow $$ to buy it.Does anyone know what i can do legally to make the other bot pay for what he has done.If the boy drives a nice car how would he feel if someone went and did that to his car i am wondering if i can go to the law enforcement somehow and get his license taken away or something czu how could he do that my son got jumped by 40 other guys 2 days b4 that from the same crowd and the same boy broke the 1st window that night and went back to smash teh rest of my sons windows and succeeded.please give me some advice if you know any laws of canada. please and tahnk you.im upset!
2006-09-02 01:58:36 · 4 answers · asked by And life goes on 2 in Politics & Government ➔ Law Enforcement & Police
If you know the identity of the male in question, he should be reported and will consequently be charged with malicous damage and/or other property offences. If found guilty the court will make him pay compensation. if not, then you can initiate a civil proceeding against him by filling out a writ at your local court. You'll have to prove he was liable for the damages caused.
It will be easier to prove the damages in a civil court as it does not have to be proven "beyond reasonable doubt", rather it has to be proven on the balance of probabilities.
2006-09-02 02:05:06 · answer #1 · answered by rimrocka 3 · 0⤊ 0⤋
You can sue him and his parents and their home owner's insurance company in small claims court for what you had to pay.
The home owner's insurance company isn't technically on the hook, BUT... putting them on the suit will get their lawyers there and they will be happy to put the blame squarely on the parents for the damages. You won't have to do squat except show how you know their kid did it.
That's American law, but I can't believe Canada's small claims court would be much different. Odds are they won't even show if you just name them, and if you get a judgment you have to chase it forever. By naming their insurance company you're guaranteed everyone gets to the courtroom on time and you might actually see some money!
As far as the police are concerned, all you can do is file a complaint for criminal damage or vandalism and then put your foot up someones butt at the station to make sure they pursue it. You can also call the local prosecutor to make sure it gets charged. He can ask as part of the punishment that the kid makes restitution, but that can mean $12 a week for a couple of years! It's based on his income, which could mean nothing. Good luck, Suz
2006-09-02 03:44:09 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Small Claims Court is your best bet -- so ask at your local courthouse. Your homeowner's insurance (like one poster said) does NOT cover damage like this. And yes, it is difficult when another parent won't take responsibility for the criminal behavior of their child or even supervise that child properly.
2006-09-02 05:20:26 · answer #3 · answered by sglmom 7 · 0⤊ 0⤋
if the law will not do any thing then i think, being that the other kid is a minor, you can sue his parents in small claims
2006-09-02 03:07:01 · answer #4 · answered by mrmiketattoo 3 · 0⤊ 0⤋