What are our options?

Question

A child around 8 years of age threw a rock through our front window the other day. We followed the child to their home and spoke with the parents who said "it was an accident, he was trying to throw the rock onto your roof, what do you expect us to do about it"

My husband said he wanted them to pay for the damage, but the childs father said "we have no money- phone the police if you want".

We called the police who said they would be round within the hour. 5 days later (after making 6 appointments with us that they never actually arrived for), they telephone and say actually they are not coming because it isnt a crime as the child looks to be around 6-8 years of age.

I am so frustrated! I just want to know is there nothing else we can do about this at all? Are the parents not liable for anything?

Thanks

Answer 1

It is too expensive to sue for a broken window.  There is a saying,  If you go to law over your mule, you may lose your horse.

Answer 2

Hopefully you got a police report. Use that and the parents admission along with you testimony in small claims court. That's what it's there for. If you get a lawyer make sure you sue for your legal expenses too.

Answer 3

Because the child is too young, he cannot be held criminally liable.  The police cannot do anything about it, the laws are quite set there.

This is a matter for civil court.  The parents are absolutely repsonsible for the actions of their child.  Any judge would rule that they pay the deductible for your homeowners insurance to cover it, or the cost to replace it, if it is less.

Answer 4

Due to the age of the child, the parents are liable.  You must file in small claims court or go on People's Court.  No matter what age a child is until they are 18, their legal guardians are liable.  

I would go to the police department and file a report.  (Since you said they won't come).  I would have done that within 24 hours because it's hard to prove as time goes by, but...

If you feel you won't get your money, file with insurance company and then go file in small claims court.  Then they will be haunted by it somehow or another in the future.

Answer 5

The parents are liable for the actions of the child, but the expense in dollars and frustration make it not worthwhile on your part.  They have already told you that they have no money for you to collect.

If you made a police report, submit that with your claim to your homeowners insurance.  The insurance company is going to pay to fix the window, less your deductable, then go after the parents.  If they have no money, they will put a lein on the house and collect when they sell.  Insurance companies have lots of lawyers on staff, and plenty of time to wait to collect.  Unlike you.

Answer 6

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