Hi all, this is my first post. Looking to decide if I stand a chance going to small claims court or if it will be a waste of $85.
My wife was driving on a residential road. She heard a loud impact hit her car. Pulled over and noticed several small dents and rock chips. She had just passed by a guy riding a lawnmore with the discharge pointed towards the street.
I show up and call the police. They arrive on the scene and interview the guy, he is 18 and was mowing the neighbors yard because their grass was getting really long. The house is bank owned and vacant. The police tells me there isnt much he can do because it is a civil matter, and recommended I try to work it out with the guy or file a small claims suit.
I call the bank that owns it, they tell me its on the guy because nobody directed him to mow it.
I call the guy, he said it was his son mowing and he was unaware. He said his son is 18 and does not have a job, made it sound like he was unwilling to take responsibility for the damage. (estimate of $1k.) He gives me his home insurance agent number.
I call the Farm bureau agent and he is a total d-bag. He said that they wont be covering it because they dont believe it is the insureds liability, he basically said if you go to small claims you will lose and as a result they arent covering it.
I call the homeowner back and he basically said there is nothing he is going to do.
I am now left with the option to file a small claims suit or chalk it up to bad luck and deal with my damaged vehicle.
Due to the negligence of mowing an unkempt rock filled yard at his own discretion, combined with having the discharge pointing right at a busy street, I feel I am entitled to have my vehicle repaired by the lawn mower rider.
Opinions? Worth a shot to file?
My wife was driving on a residential road. She heard a loud impact hit her car. Pulled over and noticed several small dents and rock chips. She had just passed by a guy riding a lawnmore with the discharge pointed towards the street.
I show up and call the police. They arrive on the scene and interview the guy, he is 18 and was mowing the neighbors yard because their grass was getting really long. The house is bank owned and vacant. The police tells me there isnt much he can do because it is a civil matter, and recommended I try to work it out with the guy or file a small claims suit.
I call the bank that owns it, they tell me its on the guy because nobody directed him to mow it.
I call the guy, he said it was his son mowing and he was unaware. He said his son is 18 and does not have a job, made it sound like he was unwilling to take responsibility for the damage. (estimate of $1k.) He gives me his home insurance agent number.
I call the Farm bureau agent and he is a total d-bag. He said that they wont be covering it because they dont believe it is the insureds liability, he basically said if you go to small claims you will lose and as a result they arent covering it.
I call the homeowner back and he basically said there is nothing he is going to do.
I am now left with the option to file a small claims suit or chalk it up to bad luck and deal with my damaged vehicle.
Due to the negligence of mowing an unkempt rock filled yard at his own discretion, combined with having the discharge pointing right at a busy street, I feel I am entitled to have my vehicle repaired by the lawn mower rider.
Opinions? Worth a shot to file?