Five year old being accused.

KC - posted on 09/19/2009 ( 18 moms have responded )

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So this has been going on since May. My son is being accused of vandalizing the school secretary' car. This was during school hours, the children were brought outside for a lengthy fire drill and supposedly etched a name into the van. So these kids had a few acres of unobstructed grassy land to sit on yet the teachers chose to have these four and five year olds in a parking lot. Obviously the kids were not being watched closely enough. But the secretary gave me a photo of the damage. The etching has another childs name-NOT my sons. At that young of an age kids write what they know right? The insurance company says it is my responsibility to reimburse them but I just can't get it through their skulls that though my child is smart-he is unable to spell the other childs name! So with the points of it being on school hours, my son was their responsibility-if I was watching my son he would have been watched, and it being soem other childs name- where do I go from here? The insurance company is hounding me for their money that they jumped the gun for with repairs-literally two hours later the van was in the shop! I know because I have the paperwork. Just really frustrated.

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Lorena - posted on 09/26/2009

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Before spending money on lawyers, talk to the principal and find out everything from fire drills, where they go, and who watches this kids. Our schools drill sends some kids to the sidewalk by the parking lot, but the teachers are very cautious of where the kids are. My almost 5 yr old takes a while to write his name, so I very much doubt he could etch it on a van. Unless your son is super fast in writing. People can be very ridiculous sometimes. Tell them to show you video or pictures of your son doing it, if not, there`s always a higher level you can go to.

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Melissa - posted on 10/24/2009

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I agree. I would not pay a dime until there is proof that it was your son. I highly doubt it was by reading your post. Most 5 year olds have a hard enough time writing their OWN name let alone someone else's. Sounds like this woman had the damage previously and is trying to get a free ride. If her car was in the parking lot before the fire drill, the damage could have been done way before the fire drill even happened!. They need to prove beyond a reasonable doubt that it was my child before I'd pay a cent. Talk to the principal, the school board and lawyer.

Barbara - posted on 10/24/2009

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HELLO FIRE DRILL!! Shouldnt every kid be accounted for at all times. What if there was really a fire. Anything could have happend. I would be going to that school and raising a fuss about not being supervised for that long.Someone should be fired. NOT GOOD!!!!!!!!!!!!!!!!!!

Jessie - posted on 10/22/2009

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Teachers dont foot the bill if your child breaks their arm at the school why should you foot the bill for the damages to the auto when teachers are to be supervising the children? Who is the eye witness that saw your child with his hands on the auto, how can they prove it was your child? I would move my child out of that school.

Cathy - posted on 10/22/2009

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Stand your ground!!! I think everyone just assumes that all kids lie or something, but I would ask your child very sternly if they did this and if they say no and there is no proof there's nothing they can do...Tell them to get an attorney

Danielle - posted on 09/22/2009

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So are you telling me that your son was the only one that did this and if so he had that much time to etch someone else's name into her car? (where was the supervision there?) I think one you should not pay, 2 consult an attorney and 3 find out who the teacher was in charge and ask them why the children were left unsupervised for such a long time. I was always taught that if we were in the right that my mom would always be there to support us if we did wrong and got caught we had to pay the price for whatever it was. But in this case you go forward and stand behind your son and raise a stink and don't pay one cent to them unless they can bring you some proof it was your son. Good Luck

Sheila - posted on 09/22/2009

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Stop letting them bully you. Tell them until they have evidence that you can present to your lawyer they need to stop. If they don't stop, let them know your lawyer will be contacting them about their harassing behavior. This can all be said without having retained an attorney.

Brandy - posted on 09/21/2009

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Quoting KC:

Brandy-getting hurt was a bigger concern considering they were in a parking lot that is right on a corner. There is a big construction company site right across the road.



Well you certainly have a beef with these people, your the one who should be mad and upset.  They where not doing there job and that's the big picture not some ladies van.  Don't back down on this issue,  you are in the right.

Tara - posted on 09/21/2009

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I would certainly call for an intervention with the school board and not pay for damages unless they have solid proof! A photo just won't do unless it shows your son doing the deed. Also I would definately ask why any child was left unsupervised during the drill and turn it around on them by saying if no one was watching these children that is neglect. What if they got hurt?
Contact the school district superintendant.

Tammmy - posted on 09/21/2009

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If there were a bunch of kids around this van, they have to prove it was your kid who wrote
it. Your kid might have followed along and had a rock and possibly made a scratch but
no way can a kid that age write his own name let alone someone else's
I would be very firm and let them know they need proof.
and Yes your right why were the kids in the parking lot? It doesn't sound like a safe place to me
Call your own insurance and ask if what they doing is right, call a lawyer as well
It might cost you a little $ but its better then having this on his record

KC - posted on 09/21/2009

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Brandy-getting hurt was a bigger concern considering they were in a parking lot that is right on a corner. There is a big construction company site right across the road.

Brandy - posted on 09/21/2009

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Sounds like you have one crappy insurance company (why, because I was accused of backing into a car, since I did not feel a thing and had no damages to my car, the other car was old and very damaged previously, I assumed he was trying to get a free ride) they contacted me first before doing any repairs, they also showed me pictures and listened to my side first. They did repair the car even to my protest but at least they listened first, and did not act right away. I would not pay either, if there is a school board perhaps you should take it to them, I would stress the fact that these kids where not supervised (what it they had gotten hurt or something like that).

Joanna - posted on 09/21/2009

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I wouldn't pay them anything.....i would tell them they can talk to your lawyer...that is just crazy...they have no proof whats so ever that your child did that.........I would stand my ground on this one.......GOOD LUCK ON EVERYTHING

KC - posted on 09/20/2009

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Noone 'SEEN' him do it-that's the kicker. The aid-who is a 75 year old man-saw a boy picking up rocks. Not etching with them--he is a boy, I find stones in his pockets all the time! I have never had him do anything like this ever. I know there could always be a first but with everything not pointing to him I don't know where to go.

Jackie - posted on 09/20/2009

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Its too much drama, if you truly believe your son did not do it stand firm. who "saw " him or who said he "did " it, poor little boy , a stroke , how terrible. If he did do it ( only you can decide this ) the school must listen to you because your son was under there care and come to some compromise, i really feel for you xx.jackie

KC - posted on 09/20/2009

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Thank you Jackie and Jada. There were about 20 students in the class-the actual teacher was out sick and there were three other adults 'watching' these kids.
The time-line of events were the incident happened at 10:30. I received a call from the principal at 10:40. I have an estimate from the body shop that was faxed at 12:34.
To add to this and I have sent an e-mail to the insurance company stating the other horizontal scratches to her 2003 Windstar on the pictures that they should have recieved. When I talked to them last the only one they recieved was the one I scanned for them. I told them that since my son had a stroke he would NOT be able to draw such perfectly straight lines with his left hand. Also that I think that she is trying to get free repairs for previous damages. They still think that my son did it. Drama, Drama, Drama!

Jackie - posted on 09/20/2009

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Unless they have concrete proof i would not pay , what teacher was in charge? Surely the school has their own insurance , can you ring citizens advice for guidance. My 5 year old once spelled out a swear word for his 4 year old friend to write down , which i didnt even know he knew, and he didnt see why he was sent to the headmaster when he didnt write it !! this is going on too long the stress must be terrible, sort it out, insurance companies are bullies , do speak to someone who can advise you properly .........jackie xx

Jada - posted on 09/20/2009

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I would inform them that before reimbursing anyone you will be contacting your lawyer about the matter. Usually, once a lawyer is mentioned people start acting with a little more rationale.

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