Neighbor broke my window should he pay for it

[pbkeenan]

I live in a townhome in York, Pa.

2 months ago my neighbor knocked on my door and told me he was using a weedwhacker and hit a stone that broke my window.

I called the homeowner's association and reported it. They sent a glass company to my home and told me not to worry about it. The glass company fixed the door and did not bill me.

Yesterday I received a letter from the homeowner's assocition that said they contacted an attorney and said that I (the homeowner with the broken window) was responsible for the damage and asked me to send them $450 to pay the bill for the repair.

My neighbor told me he will not pay for the repair.

Do I have any legal rights? if I take my neighbor to small calims court can I win? He admitted to breaking it and when it happened I took pictures. I have the bill from the company that fixed it.

Please help.

Thank you.

 

[pbkeenan]

6 views so far and noone replied....please help

 

[Gail_in_Georgia]

Of course your neighbor is responsible for the cost of the broken window. Sounds like you might have to take him/her to small claims court to get them to pay.

Gail

 

[pbkeenan]

The homeowner's association said they got an attorney and the responsibility is mine as the homeowner.

My question is, before I take small claims, is there a chance I can lose. In small claims, will I win?

 

[Gail_in_Georgia]

You pay the homeowners association (they're the ones that originally paid to get the window replaced). Do this without going to small claims court as you may get court costs tacked on to this.

You then ask your neighbor to reimburse you for the damage he caused with his weedwhacker. If he still refuses you take him to small claims court.

As with many of these cases, it often becomes a "he said, she said" issue with the judge trying to figure out who to believe.

On the other hand, court scares most folks. Sometimes the threat of going to court makes the guilty party pony up to avoid this.

Gail