Q: My employee had his car window busted by a lawn company working for the city. They are denying any liability towards it.
It happened between 8:30 and 10, there's no doubt the window wasn't broken before then.
We filed a police report and surveillence was found that showed no one else came near the car during that time but the guy weed eating the grass.
The police report also shows that similar rocks to the one that was found in the driver's seat were found where he was trimming. The only reason why they aren't claiming any responsibility is because the guy claims he didn't do it and he's apparently an "honest guy."
I want to take them to small claims court, because I'm paying for the window being that he uses his car for professional reasons and I need to keep him working and on the road. Who do I write the payment demand to, and who do I serve to take to small claims? Can I ask for punitive damages or damages due to lost revenue/work?
A:
No punitives. Cost of repair. Send it to the guy if he was a contractor and whoever employed him. If a city or borough employee send it to them and comply with the "municipal claims" act. Then if they deny, go to small claims.
Optionally, have the car insurance cover and let them do the work. It should be a not at fault, so shouldn't increase your rating.
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