Legal Question in Civil Litigation in New York

Type Your Question Here...A teenage friend of my son's asked for my son and was told NO at the door. The boy left. A short time later, a crash was heard and I went out the back door to find the boy had driven my son's rider mower into the side of my car, causing more than $800.00 worth of damage. The boy did not have mine, nor any adults in the house permission to be here, nor ride the mower. The boy told his mother my son coerced him into riding the mower , but that is untrue. The mother claims she is not responsible for any damage because the boy was under my supervision and I should have been watching them. The boy never had my permission to be on my property and was told NO the first time. Who is responsible for the damage, myself or the boy's mother? Do I first have to turn it into my car insurance as a claim before seeking damages from the mother? I feel it is not my responsibility for the damage by the boy and I should not have to file a claim against my insurance since I have to pay a deductible also. Thank you

Asked on 6/11/16, 10:27 am

1 Answer from Attorneys

Jason Stern Law Offices of Jason Stern

This definitely sounds like a case for small claims court. Check with your local town or village court. Jurisdictional limits (what you can sue for) usually go up to $5000. You'll need to name the boy's parents as defendants. Good luck!


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Answered on 6/11/16, 11:10 am

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