Enough evidence to pursue claim?

[snostar]

What is the name of your state? NY

A few weeks ago my car was parked at MacArthur airport, as I was walking to my car I noticed the driver of the truck next to me was SLAMMING his passenger side door into the rear side panel of my car. Instead of approaching him, I called the police and recorded his LP# and the make and model of his truck when he exited the airport. The police filed a report including damage to both of my driver side doors and rear side panel. Also noted in the report was a statement from a witness whom I have contacted and is confident they can identify the man and his truck. This guy obviously backed his truck up at least three times and got out to purposely dent my car. Also included on my windshield was a lovely note stating, “Thanks a$$hole for parking so close to my truck, you got what you deserve.” The damage was estimated to be $1200, I also kept the damaged panels which have remnants of blue paint from this jerks truck because the panels needed to be replaced. I also took pictures of my damaged car in the airport parking lot.

So, with the note, damaged panels, police report and witness be adequate evidence to pursue a small claims action? Or, would this be a waste of time? The police have not followed up and investigated the owner of the truck, are they suppose to question him about the incident? What, if any charges can I press?

 

[BelizeBreeze]

And why, pray tell, were you at the airport when you should have been with your lovely child???

Did you file a claim with your insurance company? If so, turn over the information and let them handle it. Then, sue his ass in small claims court for the deductible.

 

[snostar]

I haven't heard back from my insurance company, but they made it clear they will not be covering all the cost. Should the police have questioned this jerk, or is that asking too much?

And why, pray tell, were you at the airport when you should have been with your lovely child???

Silly question, a happy, satisfied Mom always makes a better parent.
...although I wasn't so happy to my homecoming.

 

[BelizeBreeze]

The police probably don't have time to deal with a civil claim which this will turn out to be.

Contact them again and ask when you can expect a reply then file suit when you know how much WILL be covered.

 

[snostar]

So, no criminal charges can be pressed, like vandalization or destruction of private property, or something else??

I appreciate your help, as always, but don't you have something else you should be working on???

 

[BL]

So, no criminal charges can be pressed, like vandalization or destruction of private property, or something else?? [ Quote ]

Technically, with an eye witness , probably, but with all the other crimes going on and the threat and manpower it takes for homeland security, Police will most likely treat it as civil , like Breeze stated, sort a like an accident ,
Plus in small claims in easier to prove your case if you have everything in front of you .

Plus if the Judge believes the perpetrator wrote that letter, and determines the act was on purpose and vengeful, you might get punitive damages as well, if you ask for them .

 

[snostar]

Technically, with an eye witness , probably, but with all the other crimes going on and the threat and manpower it takes for homeland security, Police will most likely treat it as civil

Yeah, you boys are right, my boyfriend is a police officer, he said all he could do was secretly beat the crap out of him.....I was just hoping he was wrong for once!

 

[snostar]

ah ha!

It's Criminal Mischief 4th Degree...in a perfect world, the report gets forwarded to the investigating command for follow up...as long as the plate is valid and returns to the suspect's vehicle, he will likely be charged.

 

[You Are Guilty]

If your BF accidentally ran the plate you can get the home address of the jackass to serve the summons & complaint on him. I'd totally go the small claims route, especially since he was "kind enough" to spend the time and actually write the note. Why not repay his kindness with some of your own?

Of course, this is also the reason why I carry an assortment of uh, "utensils" in my car, just for those times when asshats like this are around.

 

[snostar]

I have his name, address and place of employment, so service shouldn't be a problem. I have my own "stunning" utensil, but of course didn't have it with me at the time. If it had been a woman I would have went after her, this guy was about 6'3" 240lbs, I am way too petite to take that on!

I'll just wait on the insurance and keep in touch with the PD prior to filing.
Is there a SOL?

 

[You Are Guilty]

Depending on how it's classified, you're going to have a minimum of one year, so unless you have "Uncle Joe's Auto Insurance & Lobster Shack" as your carrier, you should have a response well before you'll need to worry about the statute running.

By the way, speaking purely hypothetically, did you know that a small watergun, the kind you find at any toy store, filled with brake fluid, the kind you find at any auto supply house, applied to any car's paint, causes immediate and permanent damage? (Bonus points if you can write an obscene message with it).

 

[rmet4nzkx]

Brake fluid could also be seen as vandalism, however fish emulsion squirted from the same water pistol into the space between the windshild whipers and the hood so it drips down the firewall would not be immediately noticable and could be cleaned off without any harm to the vehicle but once the heater is turned on or vent's opened,
Like a sneaky Fart,
silent but deadly
Poetic justice

 

[BelizeBreeze]

BOYFRIEND??????