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Found tire slashed on my parked car at my apartment

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sethmachine01

Junior Member
What is the name of your state (only U.S. law)? Massachusetts

I was awakened this morning by one of my co-tenants to alert me that a single tire was flashed on both his car and my own. My co-tenant strongly suspects that our neighbor slashed both tires, though we do not have any hard evidence (e.g. surveillance cameras). My co-tenant believes this because earlier today/last night the neighbor yelled at him for having parked his car in the driveway.

Per the agreement of our lease, we are entitled two 2 off-street parking spaces in that drive way. The driveway splits our apartment with the neighbor's. We have been at the apartment for almost a month and have been parking right next to our building every night with no issue until now. We both have tiny cars, and did not block any part of the driveway such that it would not be possible for someone else to get out (it's a very wide driveway / parking area).

My co-tenant called the police who filed a report this morning, but otherwise there does not appear to be any recourse. The officer agreed with our suspicions and interviewed the neighbor, though he said it's unlikely anything can actually be done (the detectives can 'choose' to investigate further or not).

Beyond going through my car insurance to help remedy the costs, is there anything I can do against the neighbor? For example, besides the terrible inconvenience, can I also charge him for productivity lost, as I use my car for work, groceries, medical appointments, etc.? I fear that if there isn't any recourse, he may simply do the same thing again, and I cannot simply afford to replace tires every week.

We are also contacting our landlord to get clarification and help on this matter.

Please advise.
 


eerelations

Senior Member
If you sue your neighbour for the costs you listed, you will lose said lawsuit + court costs unless you can come up with some hard evidence (photos, video, a documented confession, or a guilty judgement in criminal court, etc.) that your neighbour actually did this. You and a police officer's suspicions won't be enough.
 

sethmachine01

Junior Member
If you sue your neighbour for the costs you listed, you will lose said lawsuit + court costs unless you can come up with some hard evidence (photos, video, a documented confession, or a guilty judgement in criminal court, etc.) that your neighbour actually did this. You and a police officer's suspicions won't be enough.

This is good to know, but is there any recourse at all?

For example, what if my tires get slashed again? It's 'fortunate' that it happened on a Sunday where I had no plans and had just gone grocery shopping last night, but if I have work or a very important meeting with our customers (the federal government), then I'm really screwed. How many times will it need to happen before it's plausible someone in the area is specifically targeting me?
 

HighwayMan

Super Secret Senior Member
This really has nothing to do with auto accidents or vehicle claims.

You are a victim of a crime. Don't know what it's called in MA but in many states it's criminal mischief. I doubt very much your auto insurance will pay you to replace the tire.

You have no proof of anything so forget about suing anyone.

You and your friend should file police reports and the matter will be investigated to the extent that it can be.

If you can see the area where you normally park your car from a residence you may consider setting up a camera.
 

sethmachine01

Junior Member
This really has nothing to do with auto accidents or vehicle claims.

You are a victim of a crime. Don't know what it's called in MA but in many states it's criminal mischief. I doubt very much your auto insurance will pay you to replace the tire.

You have no proof of anything so forget about suing anyone.

You and your friend should file police reports and the matter will be investigated to the extent that it can be.

If you can see the area where you normally park your car from a residence you may consider setting up a camera.

The only recourse is to purchase a camera and monitor parking lot?

If the camera does catch a perp, would a possible lawsuit also cover the costs of the camera?

For example, if I find my tire slashed again tomorrow, there's still nothing to be done unless I have a video recording?

If I set up cameras, what is to stop someone from destroying the cameras in addition to cutting the tire(s)?
 

HighwayMan

Super Secret Senior Member
For example, if I find my tire slashed again tomorrow, there's still nothing to be done unless I have a video recording?

Well, what do you suggest SHOULD be done based upon NO EVIDENCE WHATSOEVER?

It doesn't matter what you THINK or BELIEVE. What matters is proving who or what damaged your property BEYOND A REASONABLE DOUBT.
 

eerelations

Senior Member
This is good to know, but is there any recourse at all?

For example, what if my tires get slashed again?...How many times will it need to happen before it's plausible someone in the area is specifically targeting me?

To paraphrase my previous post, you have no recourse unless you can provide hard evidence. No evidence = no recourse. Don't know how much clearer I can make this.

It only has to happen a second time for it to be plausible that someone in the area is targeting you. However "someone in the area" is not the same as your neighbour. You cannot sue "someone in the area" you have to sue a specific person, and in order to sue a specific person and win, you need hard evidence that the specific person did this.

And no you probably cannot sue for the cost of the camera. (Well you can try, but it's very likely the judge will remove that from your lawsuit.)
 

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