Kid throws rock at my car

[Mr Freeze]

Tampa, FL

coming off Fowler exit of I-275. kid on Central Ave (Central Ave parallels the off-ramp, about 5 yards away) throws a rock and hits my car. i'm the only one on the off-ramp. it was no accident. i saw him throw it and heard the rock hit me. i pulled over and called the Hillsborough County Sheriff's Dept. the rock diented my car and took the paint off down to the metal. the kid was maybe 12 yrs old, and he stayed until the cops came. His older sister (maybe 14 or 15) saw him throw it, as did 4 other younger kids (between 6 and 9 yrs old).

kids mother came...cop scared the kid with blah blah blah could have hurt someone. cop basically talked the woman out of giving me any sort of compensation and he told me i had to eat the costs...or take them to court. he wouldn't fill out a report, and only gave me an incident number. i do not have the mother's license number, or much of her name. she would not give it to me. all i have is her cell phone number.

there's no way i'm involving insurance (my deductible is more than what it will cost to fix it...probably about 300 in repairs). the cop mentioned that i'd have a hard time proving that the dent was from the actual rock that the kid threw. i have no other dents of any sort like this on the car. it was absolutely from him.

what are my chances of winning in court? any suggestions?

thanks so much!

Travis

 

[nowpastdue]

I am NOT an attorney.

Go to the police station, find a record of the incident report, show the citation to the person assisting you, and ask them what they are going to do about it. Speak to the chief if you have to.

Lack of enforcement is one reason Tampa made the "2003 top 10 most dangerous places to live in the USA".

Florida Statute:

790.19 Shooting into or throwing deadly missiles into dwellings, public or private buildings, occupied or not occupied; vessels, aircraft, buses, railroad cars, streetcars, or other vehicles.--Whoever, wantonly or maliciously, shoots at, within, or into, or throws any missile or hurls or projects a stone or other hard substance which would produce death or great bodily harm, at, within, or in any public or private building, occupied or unoccupied, or public or private bus or any train, locomotive, railway car, caboose, cable railway car, street railway car, monorail car, or vehicle of any kind which is being used or occupied by any person, or any boat, vessel, ship, or barge lying in or plying the waters of this state, or aircraft flying through the airspace of this state shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Stop this now before he graduates to hurling cinder blocks off the overpass.
Financially the mother is responsible for damages her child causes.

 

[Mr Freeze]

thanks for the help! i'm still trying to figure out whether the deputy was correct when he stated that i'd have a hard time proving that particular dent was caused by the rock the kid threw.

how can i make sure that i'd win in court? also, what happens if the judgement is in my favor? how do i collect the money?

Travis

 

[jyoung]

"how can i make sure that i'd win in court?"


That has got to be the question of the century!

 

[Mr Freeze]

lol..isn't that true...i suppose if i get a good answer to this, i'll put together a package and sell it on a late-night informercial for the low low price of 199.95 plus shipping and handling.

but seriously...there has got to be a direction i can take no this to further my case in court...