Roommate's friend's kid scratched the hell out of my tank. Must vent before I scream.

[IanWR]

Wow I just checked Alberta small claims limits, expecting it to be less than replacement. It was raised to 50k!!! Well, if the responsible parties have an assets, this maybe worth it to pursue. They may only award depreciated value, and who knows what that would be. Your tank cost x, it's y years old, therefor undamaged it's worth z. You claim damages, they'll say there were already some scratches, judge will split the diff, you'll win some percentage of z.

I wonder if a better route might be a claim through homeowners insurance, and let the insurance company go after them to recover their loss.

[Aquattro]

Realistically, unless they own up or you have it on camera, you can't prove who did it. Were there others in the house at the time? Maybe they did it. Maybe roomie was drunk and did it and it passing the buck. Maybe the pizza delivery guy did it.
You can't stand in front of a judge and tell them that you're absolutely pretty darn sure it was one of more of someone's kids. If they did, prove it. Can't prove it, then not happening. Will roomie testify against his buddies?

Unless they admit it, it's between you and roomie and/or house insurance.

[gobytron]

Originally Posted by Aquattro

Realistically, unless they own up or you have it on camera, you can't prove who did it. Were there others in the house at the time? Maybe they did it. Maybe roomie was drunk and did it and it passing the buck. Maybe the pizza delivery guy did it.
You can't stand in front of a judge and tell them that you're absolutely pretty darn sure it was one of more of someone's kids. If they did, prove it. Can't prove it, then not happening. Will roomie testify against his buddies?

Unless they admit it, it's between you and roomie and/or house insurance.

Except if it went to court, ever single person there would be subpoena'd and have to say what happened under oath...

The question isn't whether they would testify, as witnesses to a crime, they would have no choice.

The question is whether you think your roomie likes these people enough to commit perjury and lie about it.

The judge could easily put the responsibility on everyone in attendance if nobody fesses up.

[Aquattro]

Ok, let's say that happens. Let's even go so far as the parents admit it and drop off a brand new tank in the driveway. Then what?? I just reviewed the build thread No easy task to replace that tank, house critters and reassemble. It would be months before it looked "normal" again, the work would be several full days, and that's just gonna suck. No happy ending to this, unless you can polish most out in the time you can actually keep a fully stocked tank drained.

[gobytron]

Even so.

SOME compensation is in order.

Even if its not convenient for everyone.

To me, a tank that is horribly scratched in a noticeable way would totally ruin a tank anyways.

I would enjoy it just about as much as i would while it was being rebuilt.

[Aquattro]

Ya, I think someone should pay for damages, but the whole things suck all around!

[Dearth]

Having gone through small claims court to recoup losses before it is not as clear cut or as easy as it seems (it might of changed since I was in it 15 years ago)

You first require proof of incident
You must prove that xx person(s) were there or involved
You must give damages cost
There is no guarantee the courts will help
It can take up to a year for your case to be heard in small claims court
Lawyers are a must unless your knowledgable in legalese

Hate to say it it's much easier to settle out of court and move on with life

[gobytron]

Originally Posted by Dearth

Having gone through small claims court to recoup losses before it is not as clear cut or as easy as it seems (it might of changed since I was in it 15 years ago)

You first require proof of incident
You must prove that xx person(s) were there or involved
You must give damages cost
There is no guarantee the courts will help
It can take up to a year for your case to be heard in small claims court
Lawyers are a must unless your knowledgable in legalese

Hate to say it it's much easier to settle out of court and move on with life

isn't that always the case when its possible?

Why would anyone go to court if they didn't have to?

[mikellini]

Damn starphire glass haha. That's all I could think when I read it.

[davej]

Agree with going the insurance route. Court would be expensive and hard to prove who actually did it.