To make a long story short, my 10 year old daughter crashed into the back of our neighbor's van on her bike and it made about a 2 inch scratch that is down to the metal (If you unwound a paperclip the folded it in half, that's about the size of the damage we are talking). I found out about an hour ago...evidentally this happened shortly after Christmas. The neighbor approached my wife and threw a total temper tantrum threatening to sue us, and my wife simply said, "Talk to my husband,"...she refused to argue and left. I realise this is my child's fault and therefore I am responsible...I am not asking about liability. However, the neighbor's oldest daughter has been in and out of prison for drug offenses and burglary...she has stolen our lawnmower, our grill, and has broken into our home at least twice looking for things to pawn. I never received a penny from them, and never even asked because they are old and couldn't afford to replace the items. Of course I can not prove any of this, except that their daughter admitted to it (to me) just like my daughter admitted to hitting the van. The dad is mean as a snake (actually it's the grandfather since both real mom and dad are in jail...but the kids call him dad). One day our dog sprinted outside as the kids opened the door, ran wild for a few minutes as my two daughters chased after it. This guy comes out and tells my 6 year old, "If that dog steps foot on my property again, I'll shoot the f^&ing thing right in front of you." I called the police but nothing came of it. Needless to say I do not like these people. A dab of touch up paint and a good buff would restore the van back to new, but knowing these people they will demand big money to fix the scratch. As I said earlier I realise that I am ultimately liable, but what would happen if I refused to pay for it?
If they make a stink of it, you will have to get it fixed. Your homeowner policy should cover it. What they have done or not done will not be germain in this issue. Of course it is when you live near them but for this case, forget it. Take some pictures of the "damage" and let your agent know it could come back to bite you but otherwise if these folks keep getting people angry as you say, they probably don't have an attorney who will work for them on so trivial a case. Let it go and see what time brings.
Can they prove it? Aside from your daughters "confession" at any rate? And yes, definitely get some pictures of the scratch, maybe even have your insurance agent look at it personally if you can. If these people are aggressive and threatening you can always tape a recording of a conversation and give it to the police, or hold as evidence in small claims or something.
Yes this. They can demand all they want, but that will only help to get it kicked out of small claims. If they are unreasonable, they may learn a tough lesson. - Be sure to talk to your daughter reaisassuringly through this. I could see it being tough on her, and she was obviously not doing anything wrong. But, the extra attention going on might revolve around her, and that's not good.
That's really the main thing that set me off so bad, you don't yell at kids for being kids....at least not the way they have. I understand that they are old and were forced into raising their grandkids way too late in life, and for that I both admire and feel sorry for them. My daughter is terrified that she is going to jail or getting sued, and I can not seem to talk those points out of her. I guess that is the reason I am so angry. I have a relative that repairs vehicles for a living and already said he would fix the scratch ...I guess my real question is can I be legally forced to give her cash on a large estimate when I have been advised that it needs a few drops of touch-up paint and a good buff?
I would offer to fix it, and document as much as you can. You have followed due dillegence as a responsible Father at that point. If that isn't acceptable to them, let them take you to court. I will let some of the attorneys in here tell it like it is, but I imagine that the worst case is the Courts will tell you to get it fixed, which of course is what you already tried to do. How and who fixes it should be up to you, not them. I don't blame you for being angry BTW, but have to keep a cool head and be the biggest adult with all parties involved, your daughter will benefit in the long run from watching exactly how well you deal with the entire situation. Of course you are angry, but realistically, this is one of those chances to be her knight in shining armour Dad
