OT: Son busted a car window near the school playground.

[RU85inFla]

Was kid playing area and then she parked there or did she park there then kid played in the area.

I learned at 6 not to play with rocks near the car. Threw one at my brother and he ducked. Dad beat the crap out of me and bought himself a new windshield.

Kid shouldn't be playing near parked cars with rocks.

 

[RUSONIC]

Oh my god does anyone ever take responsibility for anything. The kid was throwing rocks and broke a window. Get a fair replacement value and pay the person. That's whats wrong with this country these days, nobody wants to do the right thing, they want someone else to pay for it. If it happened to you what would you want to happen?

 

[Upstream]

Wow, people here are tough. We're talking about an 8-year-old kid throwing a rock at the ground, and it bounced to hit the windshield. Unless the OP is misinformed about what happened, it is not like the kid threw the rock at the car or at another kid. It is just an 8-year-old kid being an 8-year-old kid and not an 8-year-old kid misbehaving.

If the OP is liable, then he is liable. If he is only partially liable, then he is only partially liable. And if he is not liable, then he is not. The OP should check with his insurance company (or a lawyer) to determine his liability.

The OP only has a moral responsibility if his 8-year-old son should have known better. I'm not sure it is reasonable to assume that an 8-year-old kid should know that throwing a rock to the ground in a playground is wrong.

 

[S.B. Crumb]

I wanna know why it's not the schools responsibility. If he was in little league, the league would pay. He was under the schools supervision.

We are actually waiting to hear from school on this. Hope this is where it ends anyway.

 

[Ole Cabbagehead]

Well, now you are causing me to rethink what I posted. But what about the car owner parking in the wrong spot and so close to the playground? And I am perplexed about such a high glass deductible of $1,000. Finally, while yes, the kid throw the rock, I would ask the school about the quality of the supervision during "supervised" care. Not trying to absolve the kid and parents of all responsibility, but sometimes in life,accidents happen.

If it were my car, and I know I parked in the wrong spot, and saw an eight year old made an honest mistake, I would move on and not bother the parents. I would have a word with the school about supervision of the kids.

Your response made me re-think my position as well. I read the statute you posted, and am now also wasting my daylight hours doing ScarleNation legal research, on exceptions to parental liability. Good use of my time, lol. I do agree that this apparently doesnt fall under parental liabiliity, because it wasn't a willful act - just an accident. I can't believe this woman called the cops for an accident involving a child.

So by the letter of the law, it looks to me like he can get out of it if he wants to. Not the end of the world, since the woman would presumably be able to look to the school for recovery. THat is who I really think is at fault anyway, since they need to not only control the kids, but also since it seems it is common for people to park in this area, and nothing is done about it.

Unfortunately, I think that also cuts against the kid, since it seems like "typical" included cars being parked in that location. If they generally allow that and do not enforce it, it is a gripe with the school/town, not with this woman. Maybe it is fair to offer the woman half, since both parties were in the wrong.

I am also surprised by the high glass deductible. I bet they are just too lazy to call the insurance company, because they want him to pay full price so they don't even need to do anything. Often, the deductible is much lower for broken glass. He could ask them to prove, in writing, that the deductible for broken glass is $1,000? Otherwise say he will pay half of the cost of the repair.

 

[ClassOf02]

Get an estimate from an Indy shop. Offer to pay that amount.

Don't pay dealer prices but take personal responsibility for your kids actions.

Best advice in the thread in my opinion. Get independent quotes and pay the mid-point of them.

 

[RUPedro]

Defroster ... I thought the same thing when I broke mine

Any dealer qoute will be high. I broke the back window of my Dodge pickup and asked the dealer how much to replace a rather small sliding window. It was around $400. I could not believe it so I called a local car window replacement company I have used when our windshields get dinged and their price was less than $100, but with the glass coverage we have with insurance in MA it cost me nothing. We probaly pay too much for car insurance here, but I think you have to have the glass coverage. Surprised it is not same in NJ.

 

[PeteGiam07]

Oh my god does anyone ever take responsibility for anything. The kid was throwing rocks and broke a window. Get a fair replacement value and pay the person. That's whats wrong with this country these days, nobody wants to do the right thing, they want someone else to pay for it. If it happened to you what would you want to happen?

How about the parent take responsibility and park in a parking spot?

 

[RUBubba]

Absolutely call Safelite Auto Glass. Ask them how much a rear window for that car costs. Safelite is a lot cheaper than the dealer, and no she does not need to have Mercedes glass in the car.

 

[jonRU09]

Oh my god does anyone ever take responsibility for anything. The kid was throwing rocks and broke a window. Get a fair replacement value and pay the person. That's whats wrong with this country these days, nobody wants to do the right thing, they want someone else to pay for it. If it happened to you what would you want to happen?

Yes, OP offering to pay half of the cost is a complete dereliction of responsibility and is exactly what is wrong with this country these days. /s

If the lady had done the right thing, she'd still have a window. If it happened to me, I'm sure I'd be pissed -- at myself. I would talk to OP and work something out since I would realize that I didn't do the right thing and park where I was supposed to.

 

[Knight Shift]

Your response made me re-think my position as well. I read the statute you posted, and am now also wasting my daylight hours doing ScarleNation legal research, on exceptions to parental liability. Good use of my time, lol. I do agree that this apparently doesnt fall under parental liabiliity, because it wasn't a willful act - just an accident. I can't believe this woman called the cops for an accident involving a child.

So by the letter of the law, it looks to me like he can get out of it if he wants to. Not the end of the world, since the woman would presumably be able to look to the school for recovery. THat is who I really think is at fault anyway, since they need to not only control the kids, but also since it seems it is common for people to park in this area, and nothing is done about it.

Unfortunately, I think that also cuts against the kid, since it seems like "typical" included cars being parked in that location. If they generally allow that and do not enforce it, it is a gripe with the school/town, not with this woman. Maybe it is fair to offer the woman half, since both parties were in the wrong.

I am also surprised by the high glass deductible. I bet they are just too lazy to call the insurance company, because they want him to pay full price so they don't even need to do anything. Often, the deductible is much lower for broken glass. He could ask them to prove, in writing, that the deductible for broken glass is $1,000? Otherwise say he will pay half of the cost of the repair.

LOL. I am a patent attorney, so I am way out of my area. I should be getting something else done too, but this was an interesting break from daily monotony.

One thing to the OP--you kid must have a great arm to make a stone bounce AND break a window. Hope is is playing little league baseball and pitching.

Have you had him throw a football? Is he a good runner? Because we need a QB with these skills. . . .

 

[Knight Ed]

Your kid did it, you should pay. It's as simple as that.

 

[brista21]

My take:
1) Your son wasn't throwing rocks at the car itself. Kids throw rocks sometimes. We've all done it. Therefore there was no malicious intent.
2) She parked improperly/illegally. That in my book and possibly in a court would imply some liability on the vehicle owner's part.
3) Get a quote from Safelite or someone of that nature to get yourself good information.
Bottom Line: I'd cite the first two things and obtain the 3rd thing while asking for a formal, written estimate on her end and offer to pay either half of her quote or the Safelite quote whichever is higher. If she wants the Mercedes glass as opposed to aftermarket then the difference should be on her.

And as for your son, sounds to me like he's already learned his lesson for the most part. Maybe he has to pick up an extra chore for a while "as a means of paying back for the window". That's how I'd handle it in this case anyway.

 

[Phi_1055]

Stranger things have happened but something seems odd. An 8 year old threw a rock with such force that it bounced up 4-5 feet and had enough remaining velocity to badly crack a rear window? An 8 year old? Noah Syndergaard would have a hard time doing that.

Either that window was cracked before the car was parked, something else hit it while it was parked or your son (accidentally) hit the car with a thrown rock.

 

[S.B. Crumb]

LOL. I am a patent attorney, so I am way out of my area. I should be getting something else done too, but this was an interesting break from daily monotony.

One thing to the OP--you kid must have a great arm to make a stone bounce AND break a window. Hope is is playing little league baseball and pitching.

Have you had him throw a football? Is he a good runner? Because we need a QB with these skills. . . .

Does have a decent arm, but I'm pretty sure that damn spongy blue ground that you can see in the pic helped things along here.

 

[Knight Shift]

Stranger things have happened but something seems odd. An 8 year old threw a rock with such force that it bounced up 4-5 feet and had enough remaining velocity to badly crack a rear window? An 8 year old? Noah Syndergaard would have a hard time doing that.

Either that window was cracked before the car was parked, something else hit it while it was parked or your son (accidentally) hit the car with a thrown rock.

As I said above, either get that kid on the baseball field pitching, or if he can throw a football deep, we could use another QB in the mix. . . . .

 

[jonRU09]

I am a patent attorney, so I am way out of my area. I should be getting something else done too, but this was an interesting break from daily monotony.

It's funny. I need to finish this shareholders' agreement I'm working on but instead I'm googling parental immunity statutes. An interesting break from the monotony indeed.

 

[Knight Shift]

Does have a decent arm, but I'm pretty sure that damn spongy blue ground that you can see in the pic helped things along here.

I could see the kids unwittingly bouncing rocks off the bouncy blue surface as a game to see who could bounce higher/farther. Did tons of dumb games like this as a kid. Could also see the kids having tunnel vision and not thinking about the cars parked near the lot. They are kids. They make mistakes, learn from them and grow up.

 

[Ole Cabbagehead]

LOL. I am a patent attorney, so I am way out of my area. I should be getting something else done too, but this was an interesting break from daily monotony.

It's funny. I need to finish this shareholders' agreement I'm working on but instead I'm googling parental immunity statutes. An interesting break from the monotony indeed.

Hah. I'm a tax guy. I should be finishing up research on excess business holdings of private foundations.

Its amazing how little it takes to pull us away from the excitement.

 

[Knight Shift]

It's funny. I need to finish this shareholders' agreement I'm working on but instead I'm googling parental immunity statutes. An interesting break from the monotony indeed.

I'll finish your shareholders' agreement if you finish my patent. Deal? I'm sure our clients will be pleased.

 

[Knight Shift]

Hah. I'm a tax guy. I should be finishing up research on excess benefit holdings of private foundations.

Its amazing how little it takes to pull us away from the excitement.

Life is good. It may be a fight over which is more exciting -tax law or patent law. @jonRU09 's corporate law.

 

[RU1977]

I'm the treasurer for our soccer league. A window was broken by a errant soccer ball during a game, and we (the soccer club) paid for the window.

 

[DHajekRC84]

my 2 cents. Unless you know your kid did this with intent I'd take it easy on the little guy. Sounds like what they call a mistake/accident. Life Lesson and yes. Going to cost you.

Cost you cause I'd pay whatever the REASONABLE cost is of fixing the car.

The last thing I'd do is tell the old hag that I'd be sharing where she parked with the appropriate folks and making sure everyone around town/the school knew how she behaved (if indeed she was that much a jerk about things). However just getting a police report is pretty standard stuff just to document the incident (since folks try to not pay up when responsible)

 

[Knight Shift]

Does have a decent arm, but I'm pretty sure that damn spongy blue ground that you can see in the pic helped things along here.

I think @Ole Cabbagehead , @jonRU09 and me have put in about 5 total billable hours on this project. Granted, none of us handle tort law or parental liability, and there is a good chance our advice is not legally sound, but would you find it in your heart to send me a check for $1500 for our collective services on this project if you don't pay the car owner? I will make sure the other two get their cut. . . . .:stuck_out_tongue_winking_eye:

 

[jonRU09]

I'll finish your shareholders' agreement if you finish my patent. Deal? I'm sure our clients will be pleased.

Let me check my E&O policy limits first.

Life is good. It may be a fight over which is more exciting -tax law or patent law. @jonRU09 's corporate law.

Having just navigated a client through a mess involving Section 409A of the Code, I can assure you that nothing is more exciting than digging into tax regs and rev procs.

 

[RBS05]

Stranger things have happened but something seems odd. An 8 year old threw a rock with such force that it bounced up 4-5 feet and had enough remaining velocity to badly crack a rear window? An 8 year old? Noah Syndergaard would have a hard time doing that.

Either that window was cracked before the car was parked, something else hit it while it was parked or your son (accidentally) hit the car with a thrown rock.

I had the same thought but didn't want to be the first to say it.

Only way I see it making sense is if this is one of those playgrounds with the rubberized surface. Even still, that would take a hell of a throw.

 

[patk89]

Your kid did it, you should pay. It's as simple as that.

I tend to agree with this. That it was accidental does not fix the window. If that SUV was owned by your mother, and a kid threw a rock and broke the window, would you expect your mom to pay for it? I nipped a car parked illegally, too far from the curb and facing against traffic, but that was not the reason I hit it. No other cars hit it that day. I did. I left a note and paid the damages. Turned out it was a young girl driver for whom paying to repair it would have been much more problematic than for me. I was dropping my daughter at soccer practice. I felt like I did the right thing and set the right example. Bottom line, your son will not be throwing any rocks at that playground any time soon which is probably a good thing.

Totally agree that it should be repaired by a non-dealer and the cost should be lower than $700.

 

[Upstream]

LOL. I am a patent attorney, so I am way out of my area. I should be getting something else done too, but this was an interesting break from daily monotony.

It's funny. I need to finish this shareholders' agreement I'm working on but instead I'm googling parental immunity statutes. An interesting break from the monotony indeed.

Hah. I'm a tax guy. I should be finishing up research on excess benefit holdings of private foundations.

I think @Ole Cabbagehead , @jonRU09 and me have put in about 5 total billable hours on this project.

Maybe if some of these attorneys actually put in billable hours instead of surfing sports message boards, they could donate more to Rutgers and we could start construction on some of our capital improvements.

[winking]

 

[NickKnight 1]

Well, now you are causing me to rethink what I posted. But what about the car owner parking in the wrong spot and so close to the playground? And I am perplexed about such a high glass deductible of $1,000. Finally, while yes, the kid throw the rock, I would ask the school about the quality of the supervision during "supervised" care. Not trying to absolve the kid and parents of all responsibility, but sometimes in life,accidents happen.

If it were my car, and I know I parked in the wrong spot, and saw an eight year old made an honest mistake, I would move on and not bother the parents. I would have a word with the school about supervision of the kids.

Don't forget If she was carrying $1000 detuctible, it was by choice, so now you have
to pay her because she went cheap on her choice? tell her your offer will lessen
each day, and now the ball is her park. As a matter of fact recind the offer.

 

[Knight Shift]

Don't forget If she was carrying $1000 detuctible, it was by choice, so now you have
to pay here because she went cheap on her choice? tell her your offer will lessen
each day, and now the ball is her park. As a matter of fact recind the offer.

Also, she has the $$$ to drive a Mercedes, and cuts corners on insurance, and then comes down hard on an 8 year old kid in a playground.

I would feel differently if the OP was at the playground with his kid. But here, he was supposedly under supervision of the school.

 

[KnightsofChrome]

So if I drive to the local ballfield and instead of parking my car in the marked lot I instead pull up behind first base and a kid throws a ball and hits my car, the parents of the kid have to pay? That can't be right.

Is there a fence?

Wow, people here are tough. We're talking about an 8-year-old kid throwing a rock at the ground, and it bounced to hit the windshield. Unless the OP is misinformed about what happened, it is not like the kid threw the rock at the car or at another kid. It is just an 8-year-old kid being an 8-year-old kid and not an 8-year-old kid misbehaving.

If the OP is liable, then he is liable. If he is only partially liable, then he is only partially liable. And if he is not liable, then he is not. The OP should check with his insurance company (or a lawyer) to determine his liability.

The OP only has a moral responsibility if his 8-year-old son should have known better. I'm not sure it is reasonable to assume that an 8-year-old kid should know that throwing a rock to the ground in a playground is wrong.

This is where Parenting comes into play. Any 8 year old should be watched, AT ALL TIMES! As soon as a rock comes into the his hands, parent should be all over that. Sorry, but I'm old school.

 

[Crazed_RU]

This is the best thread I've read in awhile, seriously. Enjoyed it.

Anyway - why don't you pay what a normal deductible is on auto glass $250 or $500 max. If someone is driving around in a Mercedes SUV then they have enough money to properly insure it. $1,000 glass deductible is a joke and is just someone being cheap.

In the end, I would base my decision to pay on how much of a bitch she was being.

 

[RU85inFla]

Don't forget If she was carrying $1000 detuctible, it was by choice, so now you have
to pay her because she went cheap on her choice? tell her your offer will lessen
each day, and now the ball is her park. As a matter of fact recind the offer.

Your liability is not reduced by her deductible choice. He is either liable or not. Simple as that. How much you might have to pay is a function of deductible. Mixing apples and oranges.

 

[mildone]

I feel like there must be a biblical solution to this. I'd go with one of these two options:

(1) Sell the kid. Use the money to pay half the repair cost

OR

(2) Cut the kid in half. Let the other car's owner chose which half to keep. Keep half for yourself.

 

[Riceonthebanks]

I had the same thought but didn't want to be the first to say it.

Only way I see it making sense is if this is one of those playgrounds with the rubberized surface. Even still, that would take a hell of a throw.

I'll give the kid 5 tries to replicate the bounce. Hell I'll let the old man or Laviano try.

 

[miketd1]

Get three estimates from reputable glass companies and offer to pay an amount in that ballpark.

If she pushes back, advise her that you would be willing to sit down with the school to sort things out and if the school is ultimately liable, offer to donate the lower of the school's insurance payment or your estimate average back to the school.

Other than that, advise her you have been as accommodating as you would expect someone to be had the roles been reversed and she is welcome to take her chances in court, reminding her that you have visual evidence that suggests partial liability on her end.

Impress upon your son the difference between what is legally right and what is morally right and how being a responsible person is important to you even though apparently not to the old hag.

Good luck.

 

[ClassOf02]

Let me check my E&O policy limits first.
.

As someone who provides lawyer's E&O insurance, all I have to say is shame on you! :stuck_out_tongue_winking_eye:

 

[Phi_1055]

Is there a fence?

This is where Parenting comes into play. Any 8 year old should be watched, AT ALL TIMES! As soon as a rock comes into the his hands, parent should be all over that. Sorry, but I'm old school.

1. If I drive my car through a fence in order to park closer to the ballfield, having it get hit by a ball isn't going to be much of a concern.

2. Sorry, but "old school" parenting was VERY far from watching what an 8 year old was doing every minute of the day.

 

[Ole Cabbagehead]

Maybe if some of these attorneys actually put in billable hours instead of surfing sports message boards, they could donate more to Rutgers and we could start construction on some of our capital improvements.

[winking]

All 3 of us like this post, because all 3 of us know it is unquestionably true.

 

[ScarletNYC]

Stranger things have happened but something seems odd. An 8 year old threw a rock with such force that it bounced up 4-5 feet and had enough remaining velocity to badly crack a rear window? An 8 year old? Noah Syndergaard would have a hard time doing that.

Either that window was cracked before the car was parked, something else hit it while it was parked or your son (accidentally) hit the car with a thrown rock.

Look at the picture, it was probably near a rubber basketball court, similar to a track. With that said, OP should pay up. The kid broke the window.