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real tough one guys, a procede with caution sort of thing. Small town living, daycare people are friends & also neighbors... tough spot. My insurance guy is out of the office until 3 today.

so i guess i wait.


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Sorry to hear about your bike.

Why was this kid out in the parking lot?

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rural setting, not a daycare center as most would know as traditional daycare settings but actually at a person�s house.

That's how most of if not all of our daycare's are up where I live. You drop your kid off at somebody�s house. They have been approved as a daycare provider, the house has to be set up a certain way etc, some training completed etc. The bike was in there driveway at their house.

I should have specified in my post.



Last edited by northern_dave; 08/26/09. Reason: spelling, as if it suddenly matters for me :)

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I guess you will be paying this bill yourself.


A Doe walks out of the woods today and says, that is the last time I'm going to do that for Two Bucks.
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What you got here man is a "pickle", a real pickle.

I'm a chit happens type of guy. Get real fired up at first, then cool down and think straighter.

If my kid did the tipping I'd be cutting you a check, for at least what your insurance didn't cover...if it was just my neighbor, I don't think I'd have an issues asking for some coin to cover repairs, but, and it's a big but they are your daycare providers, and sounds like friends, and that my friend is where your pickle comes in.

Sorry your in it man, really.



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I would put off contacting my insurance agent until I contacted an attorney. I believe the parents of the mini-monster are liable and would proceed against them if the attorney agreed. I'd give them a chance to turn it into their insurance or however they wanted to compensate you, but if they balked I would file in small claims court. If you turn it into your insurance it will affect your rates for something you did not do. I would try to avoid that.

You'll also need an estimate of the damage if you don't have one already. You should not have to pay a dime for others negligence and that should be your goal, unless higher premiums are not an issue for you.

BTW: really nice bike!


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If I had done the tipping as a kid, my dad woulda whipped me for being near the bike, espically since if you told me to stay away.

Got in trouble once when I was kid, cuz somebody ran over my bike while I was fishin'. Bike was in the ditch, well off the road, and a dude pulled in the said ditch to fish, CRUNCH goes tiny tzone's bike..guy gave me and bike a ride home, offered cash to pay for bike, i got swatted for being too close to the road. crazy

we came home from church the next day and there was a new bike leaned up against the garage door.


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maybe there will be a new bike leaned against my garage door when i get home.....???

grin

maybe not tho...



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New bike - ?? Maybe - just maybe - the Tooth Fairy will bring you a stack of freshly-minted gold coins. And a new Harley Davidson Road King too....Good luck, amigo

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Don't take this wrong I'm just trying to be helpful, but that sure looks like a Polaris bike to me which automatically gives you a "looser definition card" to play in regard to the term flawless. At least that has been my experience with the products coming out of Roseau in recent years. (Maybe I should have beat up some of those kids, who are now grown men and work there, when I was in first or second grade.)

The other thing you might do is change your ad to say "after 8:00 PM" or whenever the sun is low enough that no one will see the dings - buyer beware and all that...

See, that was helpful, no? grin

Sorry to hear though. I completely understand the difficulty of the small community thing though. As much as it pains me to say it, I'm thinking the priority needs to be on "us" instead of "things" here, but it sounds like you've already figured that out. I've got kids so I know how hard it can be sometimes. I don't want to second-guess their designer, but sometimes I wish they had had a couple more ears placed somewhere. Apparently I'm not the only one whose kids don't use them sometimes.


Sometimes, the air you 'let in'matters less than the air you 'let out'.
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Quote
If I had done the tipping as a kid, my dad woulda whipped me for being near the bike, espically since if you told me to stay away.


As a child one of the worst things I could have done was to ignore instructions given to me by an adult and then have something happen as a result of my disregard for legitimate authority.

It seems the little bike dumping bastage is not accustomed to having serious consequences come his way. That deficit in his upbringing should be brought to his parents' attention via a detailed invoice of the repair costs.

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I like Bristoes idea best..........


.
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hey come on now klik, I got a lotta good friends over in that plant. good people. I worked there myself for over 10 years.

but in all honesty & as many know the bike was for sale in favor of my current bike desire which is a HD road king.

grin

that dream is fading frown



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Originally Posted by northern_dave
hey come on now klik, I got a lotta good friends over in that plant. good people.



Thing that almost scares me is that I might too. (Just rolled 24,000 miles onto one of my Polaris "sno-cats" this past winter too. I really liked the brand, but some of the recent stuff....well, looking at 4th complete engine rebuild in under 10,000 on the newest one. Crap!)


Sometimes, the air you 'let in'matters less than the air you 'let out'.
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what can i say... she's gone very corporate.

they axed a lot of home grown natural talent & stuffed the place with wet behind the ears engineering grads.

IMO, Tom Tiller took a huge dump on that company's history & heritage.

when it came time for cuts to be made, they started chopping away at the tree trunk & pulling its roots out rather than trimming a little off the top.

They'll come back, it will all find its way again, it will grow new roots & repair itself but it's going to take a little time.




Something clever here.

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There's a lot of misinformation on here. Parents are NOT usually resposible for the accidental acts of the children. That said, the acts of the child may be covered under the homeowner's policy and it doesn't matter that the incident occurred elsewhere.


"Be sure you're right. Then go ahead." Fess Parker as Davy Crockett
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tzone
I think it was knowing our BOUNDRIES when we were kids and we had the FEAR put in us. Have two grandsons who have to live by a different set of rules when they come to Pop Pop's house. And yes, it tough on the little boogers, but they don't have bounderies at home.


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you're right there.

I assumed too much when I assumed that kids still listened to adults.

that kid was going to do what he wanted to do, regardless of the fact that two adult men told him to get away from that bike... i have no experience with that kind of kid, didn't see it coming.



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While I am not a lawyer or an insurance expert, I disagree with toltegriz and believe that parents do hold liability for the acts of their minor children. That was the advice I got years ago and is part of the reason I have maintained a large liability umbrella policy until the last of my sons turns 18. Lord knows there were some stupid stunts I did as a kid that could have turned out quite badly, if only the fickle winds of chance had blown only slightly differently.

So start taking photos, getting estimates, talking to insurance and then in a pleasant, factually supported, non-confrontational way, have a conversation with the child's parents.

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You can disagree, but you are still wrong.

Some states have enacted limited statutory exceptions to the common law rule that I have stated. This wouldn't qualify under most of them.

Last edited by toltecgriz; 08/26/09.

"Be sure you're right. Then go ahead." Fess Parker as Davy Crockett
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