Legal Question in Civil Litigation in California
Extent of liability for property damage by minor child
To what extent am I liable for property damage by my minor child? My 9year old threw a rock that shattered a neighbors rear car window. We attempted to resolve the replacement promptly with several option through local auto dealers and glass repair services. The vehicle is 14 years old and the owner wants original mfr parts that are not available in this country and must be ordered taking 1-2 months. In the mean time she wants a rental car. Am I liable for a rental car? What is the extent of my liability beyond trying to get immediate replacement?
2 Answers from Attorneys
Re: Extent of liability for property damage by minor child
You are liable for all reasonable damages. An insurance company would take the position oem parts are not reasonable, especially when they are not readily available.
However, you should also check into insurance. Both yours and your neighbours. Your liability insurance might cover you (and they would hire a lawyer in a lawsuit) and her insurance company should actually pay the damages to her car.
Re: Extent of liability for property damage by minor child
If you do not want to go through insurance companies you can offer her what is considered reasonable. Replacement of her windshield is, original parts is not. Rental car is definately not resonable since she would not loose the use of her car if she allowed you to have the windshield replaced. Mobile repairs are common with windshields. If she forces the issue tell her to take it to small claims court, I think that a judge would rule in favor of replacing her windshield and that is all.
Good luck.
John Hayes
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