What to do about damage to my car if it was caused by 2 boys trying to escape a pitbull attack?

I saw 2 male juveniles approximately 15-17 years old on top of my car that was parked in my

driveway. I ran outside. They claim the reason that they were on the car is because they were trying to escape from a pitbull that belongs to a neighbor a few houses down. Police report was filed. There is damage to the top of my car a dent almost the width of the car’s roof about 6′ deep and my windshield is bashed in in 2 places.

Asked on June 2, 2016 under Accident Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Sue the boys (or if they are under 18, as seems to be the case, their parents or legal guardians) for the cost to repair your car: even if the jumped on, etc. your car to escape a pitbull, they and their guardians are still responsible for the damage they caused. (Escaping a pitbull would mean the damage would not be considered a criminal act, but they still have to pay monetarily for what they did.)
Alternately, if you have the appropriate insurance, you can submit a claim to your own insurer and then, if worth your time, sue in small claims court for the deductible or any other amounts not paid.


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