A young man came to the door and asked if I wanted my yard mowed. I didn't at the time, but contacted him later to get the yard mowed. The crew consisted of him (appx 18) his mother, and his uncle (mom's brother). When I made a second appt for yard service they kicked up a rock and it broke the back drivers side passenger door window. The Mom was very apologetic and adamant about paying me back for the replacement. I had Safelite out to repair it the next day. The bill is $265. I have been patient and have not harassed for payment, but it's been a month and I have not been repaid. I have had several conversations with The Mom who says she'll call or pay on a certain date, but then does neither.

This is not a professional, licensed company... it's a few people with a lawn mower going around mowing peoples yards. My question is: When I file small claims, I will include the young man who was the original contact, the Mom, who has been the source of communication and acted as leader during this event and the Uncle, who I believe is the person who was actually on the mower when the glass broke... can I include them all as Persons A, B, C dba Lawn Service Company X or am I just supposed to include the person who was on the mower at the time of the accident? The Mom has acted as the representative of the "company" with each transaction or conversation - I've not spoken to either the Young Man or The Uncle about the issue or reimbursement. Does it seem like I should be reimbursed for the replacement glass as well as my filing fees and the cost incurred to have them served?

Thanks for your help. J

Didn't you have comprehensive on your vehicle? That would cover your glass replacement at usually no deductible.

Yes they are to pay for the damage unless there was a metion of not being responsible. I know when my lawn service did my yard it was noted up forward that they were not responsible for rocks thrown from the mowers.

But yes if they will not pay, you will have to sue them

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Originally Posted by twinkiedooter

Didn't you have comprehensive on your vehicle? That would cover your glass replacement at usually no deductible.

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Not sure where you are at, but on most car policies, at least where I live, there is almost always a deductable even on the comp. I know I carry a 500 dollar on my, just to keep the cost affordable.

I'm afraid given the circumstances, you may not prevail in court.

You have to prove negligence, or at least a failure to act in a responsible manner.

He didn't put the rock in your yard.

How could he know, under the grass, there was a rock?

I think that a judge would consider this "an act of God", since no one is really at fault,
It was just an accident.

That is just my opinion, from many visits to small claims, as the plaintiff, thankfully!

Insurance might pay (mine wouldn't if they knew a third party was involved and they figure workers that come to your house are to be licensed and insured-hint hint). I think the judge will look at the window cost and compare it to what they were being paid and it was clearly accidental.

Thanks to all for your input... and if I may respond... I'm in Charlotte NC, Mecklenberg County... insurance on my car or home is not the point. For a small amount I would not want to file a claim for reasons I'm sure we're all aware of. As to the rock, that is a great point and following that logic how could one reasonably assume there would NOT be rocks outside. Regardless it was an accident and I certainly understand that and am not angry. They said they would reimburse me... I still have a voicemail where she states she will pay me on 6/3. So responsibility was accepted and reimbursement promised. Again, thank you all for your answers. I appreciate the information. I really do not want to have to hassle with this, but there is principle involved.

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Originally Posted by janetrl

Thanks to all for your input... and if I may respond... I'm in Charlotte NC, Mecklenberg County....insurance on my car or home is not the point. For a small amount I would not want to file a claim for reasons I'm sure we're all aware of. As to the rock, that is a great point and following that logic how could one reasonably assume there would NOT be rocks outside. Regardless it was an accident and I certainly understand that and am not angry. They said they would reimburse me... I still have a voicemail where she states she will pay me on 6/3. So responsibility was accepted and reimbursement promised. Again, thank you all for your answers. I appreciate the information. I really do not want to have to hassle with this, but there is principle involved.

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I would be very surprised if you were somehow penalized by your insurance company for filing a claim for a broken car window - very surprised. Those incidents are not rated as accidents. I carry full glass coverage with no deductible.

If the woman said she would pay you and did not, then go to Court with that info and sue for the damage. And, yes, I would sue every one who was there, including the company (if there is some sort of assumed name).

And, yes, rocks are an inherent danger when a lawn is mowed and the question of whether you should have "walked" the lawn to remove all dangers (as the homeowner, protecting your proeprty) could very well arise.

There is also a lesson here about hiring uninsured people to work on your property - if that rock had hit somebody in the head and caused personal injury, guess who would be partially responsible? You.

If you decide to commence an action in the Small Claims Court you have a responsibility to ensure that you are suing the correct party or parties.

If there is a contract it should specify a legal entity or at least a business name that can be successfully searched. Only if you have neither should you consider suing all three of them on the assumption that it is A, B, and C operating as Lawn Care Company X.

Be advised that if you sue a party who is not properly part of the action (ie. An employee of a company) then that part of your claim could be dismissed with costs against you.

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Originally Posted by Justice Matters

If you decide to commence an action in the Small Claims Court you have a responsibility to ensure that you are suing the correct party or parties.

If there is a contract it should specify a legal entity or at least a business name that can be successfully searched. Only if you have neither should you consider suing all three of them on the assumption that it is A, B, and C operating as Lawn Care Company X.

Be advised that if you sue a party who is not properly part of the action (ie. an employee of a company) then that part of your claim could be dismissed with costs against you.

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Not in the US - here it's a "shotgun approach" - everyone involved (if you don't know who owns the company) gets sued. Also, an employee in NYS IS responsible for his/her actions, i.e. breaking the window.

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Originally Posted by progunr

I think that a judge would consider this "an act of God", since no one is really at fault, it was just an accident.

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Wow, that's depressing. The legal system in this country must be far more stupid than I suspect.

I did grounds maintenance for a manufacturing plant and private lawn care during my junior and high school years. I used to mow off weeds growing in gravel parking lots full of parked cars. As far as I'm concerned, THERE IS NO EXCUSE for damaging a car with a mower - it's all operator technique.

I think it's a question of phrasing here -

If there is a finding of no negligence that does not mean it's an Act of God - you can have an accident/incident without negligence. It's a difficult concept sometimes.

"Slips and falls" are one example. You're eating and break a tooth, that's another example.

A good investigator's JOB is to find negligence - not make it up but uncover it, but sometimes there just is no negligence or error.

I think this was a question of a bunch of people with a lawnmower who roamed around mowing lawns, nothing professional.

I believe I will contact my auto insurance company and see if I can get reimursed for the glass replacement. They must be strapped for the cash vs just being "BLEEPS" and not paying me. This will come to back to bite them at some point - karma and all, you know... it's just not worth any more grief on my part.