T.R | Title | User | Personal Name | Date | Lines |
---|
946.1 | homeowners insurance | SMURF::WOODWARD | | Thu Apr 27 1995 14:13 | 5 |
| I'm not a lawyer, but homeowners insurance should cover your
liability. Check with your insurance agent. Let their lawyers
fight it out...
|
946.2 | whose? | WMOIS::SPENCER_DEB | | Thu Apr 27 1995 14:19 | 7 |
| I assume you mean his insurance (vs. ours)? Would this apply if the
vehicle was not on his or our property (I think his brother owns the
land)? And if it is covered, would the insurance company then try to
get reimbursed by us anyways?
I'm confused.
|
946.3 | | WRKSYS::MACKAY_E | | Thu Apr 27 1995 14:22 | 22 |
|
re. .0
Few thoughts:
- Talk to a lawyer immediately, since it sounds like the owner
has been waiting for this to happen. Without the lawyer,
it is the boys' word against the owner.
- Find out if the jeep is really owned by the owner or by
a lien holder.
- Find out if the jeep is covered under any insurance, auto,
rental or homeowners. It probably isn't, but it doesn't
hurt to check.
- Find out who owns the dirt road, private or public.
- Find out if any of your insurance can cover the damage.
Eva
|
946.4 | | WRKSYS::MACKAY_E | | Thu Apr 27 1995 14:26 | 9 |
|
re .2
Insurance companies may be more reasonable to deal with than
certain individuals.
Eva
|
946.5 | re .2 | SMURF::WOODWARD | | Thu Apr 27 1995 14:33 | 10 |
| re .2.... Your homeowners. I remember talking to my agent once and he
said something like my homeowners will cover liability if my son throws
rocks through the nieghbors windows.
I'm assume your a homeowner with insurance or have "renters" insurance.
Alot of things are covered by homeowners. Once my wife drop here
mothers typewriter, and this was covered... Now if we owned the
typewriter it wouldn't be covered.
|
946.6 | Something about a nuisance... | CUPMK::VASSIL | | Thu Apr 27 1995 15:07 | 13 |
| This may not apply, but isn't there something about if you have
something on your property considered an "attractive nuisance" (sorry,
can't think of the real term" then you, the property, owner is liable?
Something like if you have a pool and don't take precautions to fence
it in and a child wanders into your yard and gets hurt in the pool, then
you are liable?
Not sure about this, but I vaguely remember something about this.
Linda
|
946.7 | Get your own estimates! | CLOUD9::WEIER | Patty, DTN 381-0877 | Thu Apr 27 1995 18:22 | 8 |
| I'd also try to get your own estimates .... I just had my front
(tinted) windshield replaced for $140.00. I can't imagine ALL the rest
of the glass on my car could ever amount to more than several more
hundred dollars ... certainly less than $1,000!!
I don't know what your liability is for any of it ....
-Patty
|
946.8 | any witness? | MPGS::HEALEY | Karen Healey, VIIS Group, SHR3 | Fri Apr 28 1995 09:19 | 5 |
|
What about finding a witness that can testify to the extent of the
damage BEFORE the kids further damaged it.
Karen
|
946.9 | | WRKSYS::MACKAY_E | | Fri Apr 28 1995 10:39 | 8 |
|
Forensic specialist can determine the "age" of
damages done, eg. freshly broken glass looks
very different from old broken glass, etc.
Eva
|
946.10 | Take pictures | ASIC::MYERS | | Fri Apr 28 1995 10:43 | 6 |
| Actually, grab your camera and take as many pictures as you can
as soon as possible. This way you have evidence that the jeep was
clearly abandoned, up on blocks, weathered, etc. This way your
insurance company and/or lawyer can use them as a bargaining point.
/Susan
|
946.11 | Junker | SALEM::GILMAN | | Wed May 03 1995 14:27 | 17 |
| Seems to me the owner had disgarded the vehicle and is taking advantage
of this situation to the fullest extent possible. If he was interested
in fairness he would respond to YOUR side of the story as well as his
own interests.... i.e. would be reasonable about what damage YOUR boys
caused vs. per-existing damage. ALSO. The point about 'attractive
nusance' is legit. If the vehicle was old and already damaged, up on
blocks in a remote area the message the vechicle 'broadcasts' is that
no one cares about it. This is the message the boys responded to.
While what the boys did is techncally wrong, its understandable given
the context I think. There is a big difference between attacking
an old junker in the woods vs. an obviously operational car.
Don't be too hard on the boys.
Jeff
|
946.12 | The Outcome? | STOWOA::STOCKWELL | Wubba...Wubba is a Monster Song | Wed May 03 1995 14:48 | 4 |
|
I believe that court hearing was yesterday. What was the outcome, I am
sure I can speak about all "Parenters" that we are all interested to know.
|
946.13 | update... | WMOIS::SPENCER_DEB | | Fri May 12 1995 14:13 | 36 |
| Thanks for all the advise. There are some good points here. We went
to court and, other than meeting the the juvenile probation officer, we
didn't do much except get a date to go BACK to court. We decided to
use a court-appointed attorney, since it only costs $75. If we are
unhappy with the outcome, the prob. officer said we can file for an
appeal at the Worcester courthouse - then we'd hire a private attorney.
We since learned that the owner of the jeep does not live across the
street from the property where it was parked. The brother lives there
(and owns the land where jeep was parked). I'm not even sure where the
jeep owner lives - we've only talked to him over the phone.
Taking pictures is a good idea, except he now has a tarp over the
vehicle. I've contacted my insurance company, and it's possible they
may cover some of the costs, but they haven't gotten hold of the owner
yet to look at the jeep. They did say they may be able to tell if some
the damage is older than other damage.
My husband and I (and the other boy's mother) are upset about how this
whole situation was handled, though. The cop was using really fowl
language with the boys - F*** this and F*** that - even though I'm sure
they've heard it plenty before. The man that caught the boys said
something to the effect of: "my wife's a judge, and you boys are going
to be in a lot of trouble", although this might have been taken out of
context.
Also, when the cop dropped off the other boy, no one was home, but the
cop went in "to use the bathroom". I don't think he had a right
entering her home, do you? She thinks he wanted to check the place
out.
We go back to court on 6/6, and then probably again when this guy files
for damages. I'll keep you posted.
Thanx again.
|
946.14 | | WRKSYS::MACKAY_E | | Fri May 12 1995 14:53 | 10 |
|
re .13
You could file a complaint with the police department, the town
selectmen and/or ACLU. Like it or not, the police officers are paid
by the tax payers and that's you. You are the patron/boss/client and
they are hired hands. Simple as that.
Eva
|
946.15 | | LEDZEP::TERNULLO | | Wed Jun 21 1995 11:12 | 5 |
|
Any new news? Did you have the court date on 6/6?
Karen T.
|