My son was playing @ a friends house w/ 4 other kids. When he came home, the friends mom called me accusing my son of making a 1 inch scratch in the clear coat of her car. She then called 2 days later with an estimate of $901.00 to repair it??? Am I responsible for repairing it even though it happened on her property and the fact that my son says he didnt do it??? Shouldnt her insurance pay for it also? Please help!!!
2007-10-11 02:52:31 · 9 answers · asked by Melissa B 1 in Cars & Transportation ➔ Insurance & Registration
To answer your question yes you will be responsible if it can be proven that your son did the damage.
These type of claims can get real ugly because none of the kids wants to admit causing the damage. However, you have no legal obligation pay her unless she or her insurance company can prove that your son caused the damages.
I agree that she should have her insurance pay for any damages. Then her company can seek reimbursement from you or your homeowners insurance. If you haven't done so, you should report the claim to your homeowners insurance to see if they can be of any help in clearing this up.
Good Luck
2007-10-11 04:53:57 · answer #1 · answered by fighting saints 6 · 0⤊ 0⤋
You are responsible only if she can PROVE that your son caused the damage. Otherwise, she needs to file it as a vandalism claim under the comprehensive portion of her own car insurance.
Truth is, that scratch could have come from anywhere. It could have gotten scratched the last time she was parked in a parking lot and she just didn't notice it until now. This kinda crap happens all the time.
My question is, how did a 1 inch scratch cause $901 dollars in damage? You better check that estimate and make sure she's not trying to make you pay for something more than just that one scratch!
2007-10-11 13:34:51 · answer #2 · answered by Beth 4 · 0⤊ 0⤋
Parents are responsible for their children's damage. It doesn't matter where the kids were. Only exception I can think of is if the woman (who's car was damaged) was partly or wholly responsible (like telling the kids to play by the car - instead of near the house or something).
But that's assuming that you child in deed damage the car. There were 4 other kids there and it is VERY possible that some other kids damage the car. It is also VERY possible that damage was done else where but she just noticed it AFTER the kids playing and then just assumed it was done by your child.
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It is also very possible that your child is NOT telling you the truth. Everyday very good children lie because they are just afraid of being punished. I am not calling your child a liar but just that he / she may be afraid of being punished.
Talk to the other kids.
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I can't say if her insurance should or should NOT pay. But one thing you should know is that you don't (or shouldn't) always pay the FULL amount. My father was once in an accident (his fault). We went to arbitration. The arbitrator explained that the car was 10 years old (not my father's) so the paint job was 10 years old. So to fix it, it would be actually BETTER than before the accident. So he explained that the cost of repair should also include depreciated value. People shouldn't look to benefit from accidents.
In another word, if the cost of repair was $1,000, but if the car has lost 50% of it's value over the years, then my father should only have to pay 50% of the repair job cost.
He also explained that in these situations, it may not seem fair to everybody but you can't have everybody happy in these situation.
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In the end, if calm negotiation does NOT go well, you should just suggest that you wish to go to arbitration (or court) and let them settle it. You don't want to get into a shouting match with a neighbor. At the very least if arbitrator makes a decision, she can't blame you for the decision (assuming you don't lie in the courts to get a favorable decision).
Good Luck.
P.S. I agree with Ajnabi (poster below) about being ethical issue also. Even if you can get out of paying just by being stubborn, it would not teach any good lesson to your children. In the future if they try to lie to you, they may have learned that from your actions.
2007-10-11 09:55:45 · answer #3 · answered by Lover not a Fighter 7 · 0⤊ 0⤋
If you really think your son did not do this, there is nothing she can do to claim the money from you legally unless she has some sort of proof or witness. Not sure if she would even go through all the lawyers fee's troubles to claim from you. So in that sense you can be relieved of responsibility.
However this might ruin your relationship with her, if any and your son might never be welcomed to her house if he really did this and she truly believed it.
I think this is more of a matter or moral and courtesy rather than legal.
She probably doesn't want to claim from her insurance company since it would hit her insurance bad.
2007-10-11 09:58:56 · answer #4 · answered by Pudge_Monsta 3 · 0⤊ 0⤋
Doesn't 901 dollars sound like an odd amount? Sounds made up to me.
Witnesses? Who's told her that your son did it? Perhaps her son did it and he doesn't want to take the blame.
If you want to keep her as a friend, how about offering 1/4 of the cost (but ask to see a proper quote) or even 1/4 of her deductable) as there were four of them playing together.
If you don't care for her as a friend, or you think she's trying it on, tell her to go forth and multiply.
2007-10-11 10:16:03 · answer #5 · answered by Steve C 5 · 1⤊ 0⤋
I would sit your kid down and really try to see if he is lying or not. I'm not calling him a liar, but no kid wants to get in trouble. Tell him that he won't get in trouble if he tells you the truth and that you just need to know so you can pay the man or not. Otherwise, no, you are not responsible for it. Technically, you are not responsible for it if your son did do it but it would be the right thing to do if he did. Your neighbor is responsible for everything and everyone on his property. As long as your son was invited over, it's your neighbor's problem.
2007-10-11 10:12:20 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Of course your son says he didn't do it. He is afraid he will get into trouble. He sounds like a normal kid reacting in a normal way.
Her insurance should cover it, less her deductible. You should offer to pay her deductible. Then she has no out-of-pocket expense, her car is fixed, and you have proven yourself to be a responsible parent, and respected member of your community.
2007-10-11 10:02:12 · answer #7 · answered by artistagent116 7 · 0⤊ 0⤋
she will have to prove that he actually did it. if she cannot show real proof such as a picture of him actually doing it i would just tell her sorry i am not going to pay it. and $901 for a lttile scratch i would seriously doubt that estimate
2007-10-11 09:59:56 · answer #8 · answered by hermitofnorthdome 5 · 0⤊ 0⤋
I would make her prove it was your son who damaged the car. If he did, then you are obligated to make it right. If she can't prove it, tell her to go pound sand.
2007-10-11 11:32:29 · answer #9 · answered by Scott H 7 · 0⤊ 0⤋