Legal Question in Personal Injury in California
Son accused of causing damage
My seven year old son is being accused of denting and scratching my neighbors car while playing with her son. She did not notify me of the problem for one month and no police report was filed.
Now she says the scratch/dent will cost $700.00 to repair and just wants me to pay for it. The estimate for repair isn't dated it almost a month after she said it happened.
I have received two letters from her and in both she states it was an accident, no one is to blame, kids are kids.
My son says he did not dent or scratch her car and I believe him.
If she takes me to small claims court:
-Should she have gotten a police report? If so is there a time limit for obtaining the report?
-Should she have notified me earlier than one month later?
-In order to win in small claims does she have to prove that my son intentionally caused the damage he says he did not cause?
Thank you,
2 Answers from Attorneys
Re: Son accused of causing damage
Parents are responsible for damage caused by their children, whether intentionally or unintentionally. (After all, if your neighbor's kid unintentionally damaged your car would it be fair to expect you to absorb the loss? If nothing else this rule encourages parents to teach their kids to behave responsibly.)
There is no need to report this incident to the police in order to be able to collect damages. Small claims cases are civil and not criminal, and it would not make sense to require a police report as a prerequisite to all civil cases. Besides, this would only be a crime if it were intentional. Your question indicates that it was merely negligent, and if that is the case it was not a crime. There's no point filing a police report where no crime has been committed.
And there is no requirement that she notify you within any particular period of time. The delay will enable you to argue to the judge that her story doesn't make sense, but don't count on this argument to save the day for you.
Re: Son accused of causing damage
She will have to present her case before you even have to defend. She will need evidence.
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