My neighbor's kid scratched my car. He refuses to pay. Should I sue him? - Mustang Evolution

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Old 03-26-2010, 04:00 AM   #1
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My neighbor's kid scratched my car. He refuses to pay. Should I sue him?

So this kid, around 4 or 5, is always riding his stupid little bike without any rubber handle on the metal bar and scratched the door of my car. It's quite a big scratch. I brought it up with the kid's father (my neighbor) who at first said he'll take the pictures of the car and show it to his mechanic. Meanwhile, I asked my mechanic and he put the estimate at roughly 650 dollars, entire door will be painted plus the blending of the adjacent areas. My neighbor refuses to pay that amount and instead insists I take the car over to his mechanic. I dont like that option because it's a new Mustang GT, I dont want some lousy paint job ruining my car. He has yet to tell me an estimate from his mechanic but something tells me he wont pay over $200 or wont pay at all.
I'm really angry, too cuz his kid is still riding the same bike on the block and parents obviously don't give a damn. I want to sue the guy and take him to court but dont know how these small claims decisions work out. Is it just a settlement of half the price or will it be thrown out because it was an accident?
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Old 03-26-2010, 04:29 AM   #2
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My neighbor's kid scratched my car. He refuses to pay. Should I sue him?

Someone who causes damage to your car does not have the right to insist that you get repairs done on the cheap. You, as the owner of the vehicle, get to choose where this gets done. Your guy's estimate does not sound at all out of line.
I would file a claim with my insurance company and provide them with the information on the guilty party. They would pay you less your deductible, but then they would turn around and pursue your neighbor for what they paid and your deductible as well.
If you choose to go small claims, I would have a couple of estimates and some photos.
There isn't a reputable body shop in the country who can repair and paint your door for $200.
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Old 03-26-2010, 05:07 AM   #3
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My neighbor's kid scratched my car. He refuses to pay. Should I sue him?

The guy offered to fix the car, so you won't be able to get a viable claim in court. As long as he can legitimately fix the scratch, you have to take the offer. I don't know why your so pissy about this anyway. Trust his mechanic, let him do it, and if you don't like it, then take it up with him.
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Old 03-26-2010, 05:54 AM   #4
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My neighbor's kid scratched my car. He refuses to pay. Should I sue him?

if you have full coverage, put in a comp claim. Take whatever the man can pay, to cover your deductible. Offer to buy new plastic covers for the kid's tricycle
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Old 03-26-2010, 05:58 AM   #5
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My neighbor's kid scratched my car. He refuses to pay. Should I sue him?

don't you have comprehensive insurance? just take the money from your neighbor, and then say your car was damaged in the parking lot of the supermarket or something...
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Old 03-26-2010, 06:29 AM   #6
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My neighbor's kid scratched my car. He refuses to pay. Should I sue him?

Parents are legally responsible for any damage their kids cause. If you take it to small claims court, you will win. It doesn't matter that it was an accident.
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Old 03-26-2010, 07:13 AM   #7
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My neighbor's kid scratched my car. He refuses to pay. Should I sue him?

Try small claims court. If you win, you may be able to place a judgment against him/on his credit report and may be even garnish his wages if your state allows wage garnishments. Good luck.
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Old 03-26-2010, 07:27 AM   #8
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My neighbor's kid scratched my car. He refuses to pay. Should I sue him?

same thing happened to me lol but instead i had to repaint it myself with my mechanic cousin and it ended up looking perfect
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Old 03-26-2010, 08:21 AM   #9
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My neighbor's kid scratched my car. He refuses to pay. Should I sue him?

you should sue the bastards because that happen to me. This kid keyed my car a told his parents they said they will not pay I took them into court I won and I got money.
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Old 03-26-2010, 09:14 AM   #10
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My neighbor's kid scratched my car. He refuses to pay. Should I sue him?

i suppose he has insurance and in that case he will be able to take care of your car and you might want to find out if his insurance allows you to take the car to your mechanic.
if he does not have insurance go ahead and sue him in small court but you take the chance that the court may rule it as an accident so i wish you the best and it is a shame that other parents don't care i am sure that if it happens to them you can be sure they will care.
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