| Civil Litigation, Suits, & Class Actions Civil court deals with the core areas of private law. In civil matters, the controversy is between individuals, businesses or government agencies. | 
05-15-2006
| | Junior Member | | Join Date: May 2006
Posts: 2
Rep Power: 0 | | Considering small claims against minor/parents... Hello,
Two weeks ago, my gf and I (she was driving) pulled into a driveway to turn around. in this one-lane driveway were 3 vehicles, a dodge ram, a blue neonish car, something else in front of that...some kids were playing basketball at the end of the drive, by the garage. Upon entering the drive, there were no tail lights, reverse lights, anything to indicate that the dodge pickup was running, or about to backup. it was parked to the left side of the drive, so we pulled up along the right edge of the drive, but still behind the truck.
traffic was very busy so my gf was watching traffic out of her window, and I was watching out of mine...we must have sat there for at least a minute, minute & a half. I say that conservatively, since people tend to exaggerate time when recalling an event...as we're both looking back, the vechicle starts jerking and of course the terrible sound of crunching parts....we look forward to see the truck backing into the car....it stops as soon as we turn to see it, and pulls forward.
We all get out, and it is a 16yr old kid driving the truck. He quickly says, "I'm so sorry, I didn't see your car there." to which I reply, "well, ya gotta make sure your path is clear before you start goin." we spoke a little, just trying to decide what to do. I felt bad for the kid, I still remember being 16, and hate to see things like this.
We decided to call an officer, just to go through the process. As the office spoke with my gf, I could hear that she said there was nothing she could do since it occurred on private property. My gf and the kid exchanged information, and said we'd be in touch. We obtained 3 different estimates, 2 being in the 1500-1700 range, and the 3rd from a friend who could repair rather than replace the parts for 1000+-.
I called and spoke with the mom, we talked at length, very politely, about the incident, and all the estimates...couple days later she calls and leaves a message saying that after discussing it with the police and their attorny, they're not going to pay for the repairs. I guess because this happened on private property it is different than from if it happened on the street/parking lot etc....
Questions:
- Would this be a good case for small claims
- Do we target the son or the parents (parent liability, because this involves a minor, etc)
- any advice for preparing for small claims, what laws to look into and have knowledge of..
- how would the defend themselves, and how would we counter?
Thank you for your time and efforts to respond. | 
05-15-2006
| | Junior Member | | Join Date: May 2006
Posts: 2
Rep Power: 0 | | My state is Wisconsin | | Domain Names Sponsor | | |
Currently Active Users Viewing This Thread: 1 (0 members and 1 guests) | | | | Thread Tools | Search this Thread | | | | | Display Modes | Linear Mode |
Posting Rules
| You may not post new threads You may not post replies You may not post attachments You may not edit your posts HTML code is Off | | | | | | |
If you are a Lawyer, Attorney, CPA, Accountant, Judge, Court Officer, Security Guard, Private Detective, Forensic Specialist, FBI Agent, Police Detective, Crime Scene Investigator, Police Officer, Sheriff, Bounty Hunter, Auditor, IRS Agent, County of State Official, or any other knowledgable legal, law, or other professional serving the public good, please register and help answer the many questions from our visitors and members. This public forum does not substitute legal consult, and is only for those looking to reach others who enjoy discussion on these topics. For entertainment purposes only! * PLEASE READ NOTICE BELOW | | | | An Important Note About CourtForum.com and CourtForums.com | | *NOTICE*: Please take notice that this is a public forum within which to discuss legal issues and concepts with other members of the public. This forum is designed for entertainment purposes only, and the communications had hereon are not necessarily factual or accurate and, if opinion, are not necessarily the opinion of the owners and operators of the forum. This forum is not designed to provide legal advice. Should a party claim to be an attorney or otherwise provide legal advice, and should you take action or incorporate such legal advice on your own behalf or the behalf of a third party, you acknowledge that you do so at your own risk. If you do not agree or accept the above disclosures please immediately exit the service.
| |