How much do we owe?

[Brooks]

What is the name of your state? OH

My minor son and another minor were involved with keying two cars several months ago. They confessed to the police. They haven’t been charged yet.
One car owner/insurance company has retained an attorney seeking damages.
In just speaking with that attorney’s office, my son is required to pay all of the damages. We want to make restitution and pay for half of the damages, but feel the other child should be responsible for the other half. The other child/parent said they won't pay.

Are we responsible for the whole thing? Can we pay just half without any consequences? How do we do this? Any other advice?

Thank you.

 

[Shay-Pari'e]

As far as the insurance company is concerned they can make you pay all of the damages. It is then up to you to sue the other party for half.

It doesn't seem fair, but then again the people need to be made whole again.

 

[Brooks]

Thanks for replying so quickly.

That's what I was afraid of. I sure don't mind paying our part, but to pay the other child's part and try to get money from them is going to be tough.

 

[Ohiogal]

Thanks for replying so quickly.

That's what I was afraid of. I sure don't mind paying our part, but to pay the other child's part and try to get money from them is going to be tough.

that doesn't matter though. Your son committed a crime. The victim of said crime can choose to just sue one party or all parties.

 

[Indiana Filer]

What is the name of your state? OH

My minor son and another minor were involved with keying two cars several months ago. They confessed to the police. They haven’t been charged yet.
One car owner/insurance company has retained an attorney seeking damages.
In just speaking with that attorney’s office, my son is required to pay all of the damages. We want to make restitution and pay for half of the damages, but feel the other child should be responsible for the other half. The other child/parent said they won't pay.

Are we responsible for the whole thing? Can we pay just half without any consequences? How do we do this? Any other advice?

Thank you.

In my experience as a juvenile probation officer for Indiana, if your son admits to this charge, or is found to have committed the offense, he will be liable for the entire amount of restitution. If the other minor admits or is found to have committed the offense, he too will be held liable for the entire amount of restititution. The order will state that each is being held jointly and severally liable for the total amount due. This means that someone is going to pay that amount. If the other child doesn't pay anything, your son will have to pay it all. If your son doesn't pay anything, the other child will be expected to pay it all. In the best case, each will pay 1/2 of the total.