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  1. #1
    Join Date
    May 2007
    Posts
    8

    Default Windshield Broke On Our Property

    I hope I am posting this in the right area?

    My family and I live on 40 acres in a rural Oklahoma town. Since we moved here from CA, we have had to run off several shady individuals (previous owners were involved with meth) and across the way is a community that is known for producing meth. We put up a gate, no trespassing signs, etc. My 15yo daughter had a friend over, unfortunately his parents are involved with meth (mom just got out of prison and father is very deep into the drugs). He is a great kid, very respectful and most importantly - hates drugs. I informed her friend that he would need to tell whomever is coming to pick him up to please call first or I would take him home. So this guy just shows up, gets out of his car and just stands there waiting for this boy to come out of the house. My husband was standing approximately 30 feet away cleaning fish and asked the guy who he was. The guy jumped back in his car, so my husband threw his filet knife at his windshield and broke it. My husband stated that he WILL NOT deal with druggies driving up here especially if they do not display the simple respect of introducing themself to the owner. I have learned that in this area, you don't drive up anyones driveway without calling in advance and/or if you are lost. Well, this guy looked awful (really sucked up) - but that is just my observation. Apparently, he was driving a rental car and informed my daughters friend that it cost $500 to replace the windshield. I informed her friend that this person should call and speak to me and that it is not his (or my daughters) problem to resolve. Well, this guy phoned me today and stated that he wants me to pay the bill for the windshield and wanted to meet me in town to pay for the damage. I informed him that I would have to submit any documentation he has to my insurance company and that they (or I) would contact him with the outcome. Boy howdy, he immediately stated that he would have to call me back after he spoke with his girlfriend (apparently she is the one that paid the rental car bill). I have not heard back from him yet (it has been about an hour). He was on private property and I believe that I am within my rights (not sure though) - although throwing the knife was a bit drastic, but, what is done - is done. What are your thoughts on this and how would you have handled this type of situation? Any advice - negative and possitive, are appreciated.

    Thanks

  2. #2
    Join Date
    Mar 2006
    Location
    I live here. Actually in a little area called the Knob. In Ohio
    Posts
    292

    Default Re: Windshield Broke on our property

    If he didn't call in advance and you had no way of knowing who he was or why he was there then he is trespassing. The damages are his own fault. Your husband was just trying to protect his home.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Windshield Broke on our property

    The fact that somebody is trespassing on your land, and it isn't clear that this person wasn't invited by their houseguest or daughter or had received a subsequent instruction that he wasn't permitted to pick up the houseguest, isn't license to break their windshield.

  4. #4
    Join Date
    Aug 2006
    Posts
    563

    Default Re: Windshield Broke On Our Property

    however i think he may have rasied the price a bit. some for the windshield and some for him.

    hmmmm i wonder if you just said "sue me" if he would walk away. he may not want his name in the system.


    but im not a lawyer...

    and the thread continues........

  5. #5
    Join Date
    Mar 2006
    Location
    I live here. Actually in a little area called the Knob. In Ohio
    Posts
    292

    Wink Re: Windshield Broke On Our Property

    Quote Quoting THEAMAZINGCHAN
    View Post
    hmmmm i wonder if you just said "sue me" if he would walk away. he may not want his name in the system.


    but im not a lawyer...

    and the thread continues........
    Ooooohhhhh! Are you suggesting that this gentleman my not be a upstanding member of his community?

    Interesting, very interesting Chan.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Windshield Broke On Our Property

    there has been a flurry of castle doctrine laws passed recently so I don;t know if Ok has jumped on that train but typically, although the person would be considered a tresspasser, there is generally no right to injure a tresspasser unless it is as a defensive action.

    Since this person apparently did not threaten the landowner, there is no defense defense to damaging the car.

    as stated, you did not even suggest the landowner requested the guy leave, let alone provide us with any provocative action on the drivers part.

    ask for a written estimate or paid bill, which should be paid unbegrudgingly or let the guy sue you for it.

    Unless there is more to the story, you, or more correctly, your husband, owe for the windshield.

  7. #7

    Default Re: Windshield Broke On Our Property

    I'd just wait for that receipt. Under NO (none, zip, nada) circumstance should you, your hubby, your dog, or your second cousin thrice removed go anywhere to meet this guy with the intention of giving him money.

    Methinks that the car was what those in the biz call a "Crack rental" (or in this case a Meth rental). Which is when someone "lends" you their car in exchange for crack/meth. It is unlikely thatt he window was even fixed as it is unlikely that these druggies have $500 laying around to fix a car window.

    It is rare that the car is return and the owner will call the Police to try to get the car back with some BS explanation why someone with drug convictions out the Yazoo had their car with the keys. But I digress.

  8. #8

    Default Re: Windshield Broke On Our Property

    Quote Quoting RedT
    View Post
    It is unlikely thatt he window was even fixed as it is unlikely that these druggies have $500 laying around to fix a car window.
    It was a rental car, therefore the rental company is most likely jacking up the price just because they can. Their labor is oh so valuable you know. Therefore, this gentleman really got screwed over by the Rental Company.

    I read somewhere that in Texas at one point you were allowed to shoot a trespasser on your property. I have no clue if thats legitimate or not, but in reality the man shouldn't have been on your property but you shouldn't throw a knife at him. In reality, that's almost attempted murder.

    If the man is a stand up guy, he can eaisly win a claim in court. However, the way you depict him it seems as if he is not. You should consider getting an electric gate in which requires a combination to open. That would keep out unwanted vehicles and most unwanted visitors.

  9. #9
    Join Date
    May 2007
    Posts
    7

    Default Re: Windshield Broke On Our Property

    bless yer heart...I'm not a lawyer...nor will I pretend to be...but I do know how it feels to live next to meth heads...we so want to move...but could never now get a fair price for our property...we sleep at night....they dont....but..as we've been told...this is America...drug users have rights also...

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