QuestionHi, I have questions concerning a very unfriendly coworker who has vandalized my care twice within 2 weeks. The first time he, and his friend came to my house while I was sleeping and wrote profanity and vulgar images on my windows, which I didn't think was that big of a deal at the time... needlessly to say my roommates girlfriend came over and saw them standing in the driveway, and coincidentally went to high school with both of them, and identified them. I did not make a police report about that because I figured it was just harmless hazing. The second time happened at a Golf course / Bar he, and his same friend showed up to a coworkers retirement party briefly, and left. I went to my car that night and noticed all of the windows had profanity and vulgar images written on them again, only this time the driver and passenger side doors were kicked in and paint missing, I then made a police report, and it has been over 3 weeks and the officer on the case has not gotten back to me about any details yet. I later learned that the person who vandalized my car told one of my good friends who asked him how he was when he showed up, that he "fu**ed with my car". I am supposed to pay a $500 deductible and was wondering if I could take this person to small claims court for the deductible, seeing that I have what I would call witnesses for both occasions.
AnswerSorry for the delay, Kevin.
So, indeed you can sue for your deductible in small claims court, but you should make sure your insurance company knows because they have a subrogation department that may be obligated to pursue recovery for you. I own a company that does this type of work for insurance companies. When we have a vandal, we work with the police and the municipal courts to make sure the vandal is required to pay back the damage they caused (including any insured's deductible) as a part of the restitution on the criminal case, that way, if they don't pay, the judge can issue a warrant and have the vandal arrested.
Based on the content of your question, it seems like there is an ongoing criminal case, and that you need to press the police / investigator to pursue the case, and if you can't get them to move forward and order restitution to you, then you will be left with your option of small claims suit.
Stay on the detective and ask for the "victim coordinator" many times city governments will have someone that basically gives statuses on cases like this, they may be able to help.
I hope this helps, if you get stuck, look us up. Information is always free at Petty Details, LLC!
Regards,
Justin
