Rock Throwing Damaged My Car: Now What?

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tommyboy21

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The other day I noticed kids playing across the street. They were skateboarding and throwing rocks in the street. My car was parked in front of my house. I watched my car for at least an hour before I had to leave with my mom. We went to spend the night at my sister's house. Early next morning, I arrived home and noticed damage to my car. There were dings and dents from rock throwing. Rocks were next to my vehicle. I immediately called the police to make out a police report. I told them what I saw. I told them I had to leave yesterday and didn't actually see who hit my car. I finished the report and drove to work. I called my father a few hours later and told him about the damage. He told me he saw the kids who threw rocks at my car. They threw the rocks and ran into their yard. He just had a pacemaker surgery and couldn't go downstairs to check my car. He told me the two kids live across the street and could point them out. I got home from work & he identified the two children who were playing outside their home. I immediately called the police again for a follow up. The officer listed my father as a witness and went across the street to talk to their parents. The mother stated she wasn't home yesterday so she didn't know what happened. The two children denied their involvement. She said she would pay for the damage if indeed her children were responsible for the damage. I got two estimates today. One for over $1000 and one for $900. I photocopied the two estimates and wrote her a letter. I told her I was going to use the lower estimate and asked how she wanted to handle the problem. My insurance said they cover the damage but it would involve filing a claim and my $500 deductible would have to be paid. I'm waiting to hear back from her. If she doesn't pay would you suggest I take her to small claims court for the total amount? What are my chances of winning? I would hate to pay $500 out of pocket for this. Any help you can provide would be greatly appreciated. Thanks, Thomas
 
You can certainly sue them but someone had to have seen the kids damage your car for any chance of winning. Your dad will either have to come to court with you, or have him sign a notarized statement that he saw the kids damage your car. Often that may be enough.
 
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