| T.R | Title | User | Personal Name
 | Date | Lines | 
|---|
| 946.1 | homeowners insurance | SMURF::WOODWARD |  | Thu Apr 27 1995 13:13 | 5 | 
|  |     I'm not a lawyer, but homeowners insurance should cover your 
    liability.  Check with your insurance agent.  Let their lawyers
    fight it out...
    
    
 | 
| 946.2 | whose? | WMOIS::SPENCER_DEB |  | Thu Apr 27 1995 13:19 | 7 | 
|  |     I assume you mean his insurance (vs. ours)?  Would this apply if the
    vehicle was not on his or our property (I think his brother owns the
    land)?  And if it is covered, would the insurance company then try to
    get reimbursed by us anyways?
    
    I'm confused.
    
 | 
| 946.3 |  | WRKSYS::MACKAY_E |  | Thu Apr 27 1995 13:22 | 22 | 
|  |     
    re. .0
    
    Few thoughts:
    
    	- Talk to a lawyer immediately, since it sounds like the owner
    	  has been waiting for this to happen. Without the lawyer,
    	  it is the boys' word against the owner. 
    
    	- Find out if the jeep is really owned by the owner or by
    	  a lien holder.
    
    	- Find out if the jeep is covered under any insurance, auto,
    	  rental or homeowners. It probably isn't, but it doesn't
    	  hurt to check. 
    
       	- Find out who owns the dirt road, private or public.
    
    	- Find out if any of your insurance can cover the damage. 
    
    
    Eva
 | 
| 946.4 |  | WRKSYS::MACKAY_E |  | Thu Apr 27 1995 13:26 | 9 | 
|  |     
    
    re .2
    
    Insurance companies may be more reasonable to deal with than
    certain individuals. 
    
    
    Eva
 | 
| 946.5 | re .2 | SMURF::WOODWARD |  | Thu Apr 27 1995 13:33 | 10 | 
|  |     re .2....  Your homeowners.  I remember talking to my agent once and he
    said something like my homeowners will cover liability if my son throws
    rocks through the nieghbors windows.  
    
    I'm assume your a homeowner with insurance or have "renters" insurance. 
    Alot of things are covered by homeowners.  Once my wife drop here
    mothers typewriter, and this was covered...  Now if we owned the
    typewriter it wouldn't be covered.
    
    
 | 
| 946.6 | Something about a nuisance... | CUPMK::VASSIL |  | Thu Apr 27 1995 14:07 | 13 | 
|  |     This may not apply, but isn't there something about if you have
    something on your property considered an "attractive nuisance" (sorry,
    can't think of the real term" then you, the property, owner is liable?
    
    Something like if you have a pool and don't take precautions to fence
    it in and a child wanders into your yard and gets hurt in the pool, then 
    you are liable?  
    
    Not sure about this, but I vaguely remember something about this.
    
    Linda
    
     
 | 
| 946.7 | Get your own estimates! | CLOUD9::WEIER | Patty, DTN 381-0877 | Thu Apr 27 1995 17:22 | 8 | 
|  |     I'd also try to get your own estimates .... I just had my front
    (tinted) windshield replaced for $140.00.  I can't imagine ALL the rest
    of the glass on my car could ever amount to more than several more
    hundred dollars ... certainly less than $1,000!!  
    
    I don't know what your liability is for any of it ....
    
    -Patty
 | 
| 946.8 | any witness? | MPGS::HEALEY | Karen Healey, VIIS Group, SHR3 | Fri Apr 28 1995 08:19 | 5 | 
|  |     
    What about finding a witness that can testify to the extent of the
    damage BEFORE the kids further damaged it.
    
    Karen
 | 
| 946.9 |  | WRKSYS::MACKAY_E |  | Fri Apr 28 1995 09:39 | 8 | 
|  |     
    Forensic specialist can determine the "age" of
    damages done, eg. freshly broken glass looks
    very different from old broken glass, etc.
    
    
    
    Eva
 | 
| 946.10 | Take pictures | ASIC::MYERS |  | Fri Apr 28 1995 09:43 | 6 | 
|  |     Actually, grab your camera and take as many pictures as you can
    as soon as possible.  This way you have evidence that the jeep was
    clearly abandoned, up on blocks, weathered, etc.  This way your
    insurance company and/or lawyer can use them as a bargaining point.
    
    /Susan
 | 
| 946.11 | Junker | SALEM::GILMAN |  | Wed May 03 1995 13:27 | 17 | 
|  |     Seems to me the owner had disgarded the vehicle and is taking advantage
    of this situation to the fullest extent possible.  If he was interested
    in fairness he would respond to YOUR side of the story as well as his
    own interests.... i.e. would be reasonable about what damage YOUR boys
    caused vs. per-existing damage.  ALSO. The point about 'attractive
    nusance' is legit. If the vehicle was old and already damaged, up on
    blocks in a remote area the message the vechicle 'broadcasts' is that
    no one cares about it.  This is the message the boys responded to. 
                                
    While what the boys did is techncally wrong, its understandable given
    the context I think.    There is a big difference between attacking
    an old junker in the woods vs. an obviously operational car.
    
    Don't be too hard on the boys.
    
    Jeff
    
 | 
| 946.12 | The Outcome? | STOWOA::STOCKWELL | Wubba...Wubba is a Monster Song | Wed May 03 1995 13:48 | 4 | 
|  |     
    I believe that court hearing was yesterday.  What was the outcome, I am
    sure I can speak about all "Parenters" that we are all interested to know.
    
 | 
| 946.13 | update... | WMOIS::SPENCER_DEB |  | Fri May 12 1995 13:13 | 36 | 
|  |     Thanks for all the advise.  There are some good points here.  We went
    to court and, other than meeting the the juvenile probation officer, we
    didn't do much except get a date to go BACK to court.  We decided to
    use a court-appointed attorney, since it only costs $75.  If we are
    unhappy with the outcome, the prob. officer said we can file for an
    appeal at the Worcester courthouse - then we'd hire a private attorney.
    
    We since learned that the owner of the jeep does not live across the
    street from the property where it was parked.  The brother lives there
    (and owns the land where jeep was parked).  I'm not even sure where the
    jeep owner lives - we've only talked to him over the phone.
    
    Taking pictures is a good idea, except he now has a tarp over the
    vehicle.  I've contacted my insurance company, and it's possible they
    may cover some of the costs, but they haven't gotten hold of the owner
    yet to look at the jeep.  They did say they may be able to tell if some
    the damage is older than other damage.
    
    My husband and I (and the other boy's mother) are upset about how this
    whole situation was handled, though.  The cop was using really fowl
    language with the boys - F*** this and F*** that - even though I'm sure
    they've heard it plenty before.  The man that caught the boys said
    something to the effect of:  "my wife's a judge, and you boys are going
    to be in a lot of trouble", although this might have been taken out of
    context.
    
    Also, when the cop dropped off the other boy, no one was home, but the
    cop went in "to use the bathroom".  I don't think he had a right
    entering her home, do you?  She thinks he wanted to check the place
    out.
    
    We go back to court on 6/6, and then probably again when this guy files
    for damages.  I'll keep you posted.
    
    Thanx again.
    
 | 
| 946.14 |  | WRKSYS::MACKAY_E |  | Fri May 12 1995 13:53 | 10 | 
|  |     
    re .13
    
    You could file a complaint with the police department, the town
    selectmen and/or ACLU. Like it or not, the police officers are paid 
    by the tax payers and that's you. You are the patron/boss/client and 
    they are hired hands. Simple as that.
    
    
    Eva
 | 
| 946.15 |  | LEDZEP::TERNULLO |  | Wed Jun 21 1995 10:12 | 5 | 
|  | 
	Any new news?  Did you have the court date on 6/6?
	Karen T.
 |