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  #21  
Old 07.04.2017, 15:41
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Re: Help me? Person damaged my property and is now refusing to cooperate

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Because one does not expect satan's spawn to jump out of the woodwork and perfom a flamenco on your spectacles.
I am assuming that he/she saw and heard the kids playing and watched them move toward him/her. Unless of course they are some new breed of teleporting mutant child that materialises out of thin air in a circle around people, in which case it is perfectly understandable how it could have caught the OP by surprise.
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  #22  
Old 07.04.2017, 15:45
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Re: Help me? Person damaged my property and is now refusing to cooperate

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I am assuming that he/she saw and heard the kids playing and watched them move toward him/her. Unless of course they are some new breed of teleporting mutant child that materialises out of thin air in a circle around people, in which case it is perfectly understandable how it could have caught the OP by surprise.
Here, key part from OP:

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So I was enjoying a nice day in the park when some children were playing near by while I was sitting on the grass reading. Everything was all good until 3 of them decided to run around me in a tight circle playing 'tag'.

This went on for only about 2 seconds before one of them stepped on my really expensive glasses.
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  #23  
Old 07.04.2017, 15:55
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Re: Help me? Person damaged my property and is now refusing to cooperate

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Here, key part from OP:
I am talking about the part leading up to when they danced. The OP' "key part" you refer to was saying that they danced around him/her for 2 seconds until his glasses broke, not that it took 2 seconds in total for the kids to appear from nowhere and break his glasses.
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Old 07.04.2017, 15:59
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Re: Help me? Person damaged my property and is now refusing to cooperate

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Why were your expensive glasses laying on the ground in a public area where kids are playing nearby?

I understand the kids came to dance around you (which is actually very sweet), but if you are not wearing them then you should put them where they are protected in your case or bag.
I undetstand your logic but i think you missunderstand how close they were to me. I was sitting cross legged and my glasses were LITTERALLY in front of me. An inch away from me. The kids were using me as a may poll i think one actually was holding my head.

If i had left the on the ground in a strange spot then i would accept it as my fault. But in this sitation its not my fault, fault of the parent

When theu started running around me the first thing i picked up was my laptop. So i like to think i was thinking strategically. I would be much more upset if that was damaged
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  #25  
Old 07.04.2017, 16:00
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Re: Help me? Person damaged my property and is now refusing to cooperate

If you were reading, how did they manage to step on your glasses?

Tom
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  #26  
Old 07.04.2017, 16:01
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Re: Help me? Person damaged my property and is now refusing to cooperate

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My question is if i go to the police do they have any power to enforce her to run it through her insurance?
Yes. Sachbeschädigung, damaging someone else's property. Whether she involves her insurance or not is up to her.
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Although at the park the only reason I got her phone number was because I phoned the police and made her speak to them... because she was refusing to give me any details. They basically said to her on the phone 'of course you have to give your phone details'
It's well worth a try. If you're half-lucky the police have a record of your call, or the person on duty remembers you. But even if not, a statement like "my kid says it was already broken" (make sure you have that or similar in writing) is confirmation it did indeed step on your glasses. The question then is if a 4yr old child can tell after the fact if glasses s/he stepped on were already broken or not - I would think it just isn't, a grownup couldn't either. And even if it were able, it's still likely to have increased the damage.

Call the police, they're likely to help you.
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  #27  
Old 07.04.2017, 16:02
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Re: Help me? Person damaged my property and is now refusing to cooperate

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When theu started running around me the first thing i picked up was my laptop. So i like to think i was thinking strategically. I would be much more upset if that was damaged
The first thing you do is trip one of the little barstewards

Then grab the smallest and shout loudly "Now for a game of kick the baby"

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  #28  
Old 07.04.2017, 16:15
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Re: Help me? Person damaged my property and is now refusing to cooperate

god I hate this society where for every little event, someone needs to be found liable for.
This was an accident, accidents happen, you can't blame the kids for being kids in a park and that's it! consider that you let your glasses fall on your kitchen floor and have to buy new ones instead of running after the mother or even the police (!!!) or god knows who to make you feel that justice was told.
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  #29  
Old 07.04.2017, 16:18
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Re: Help me? Person damaged my property and is now refusing to cooperate

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god I hate this society where for every little event, someone needs to be found liable for.
This was an accident, accidents happen, you can't blame the kids for being kids in a park and that's it! consider that you let your glasses fall on your kitchen floor and have to buy new ones instead of running after the mother or even the police (!!!) or god knows who to make you feel that justice was told.
Erm, it's for accidents like this that people have personal liability insurance. Any reasonable person would simply accept the responsibility and cooperate. You obviously wouldn't.
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  #30  
Old 07.04.2017, 16:18
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Re: Help me? Person damaged my property and is now refusing to cooperate

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god I hate this society where for every little event, someone needs to be found liable for.
This was an accident, accidents happen, you can't blame the kids for being kids in a park and that's it! consider that you let your glasses fall on your kitchen floor and have to buy new ones instead of running after the mother or even the police (!!!) or god knows who to make you feel that justice was told.
So anyone may step on your glasses, cell phone, whatever, and that is ok for you??

If I have an accident whereby I break something from someone else, I pay for that. Nothing to do with liability but all with responsibility
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  #31  
Old 07.04.2017, 16:18
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Re: Help me? Person damaged my property and is now refusing to cooperate

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If you were reading, how did they manage to step on your glasses?

Tom
Never heard of myopia?
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  #32  
Old 07.04.2017, 16:20
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Re: Help me? Person damaged my property and is now refusing to cooperate

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If you were reading, how did they manage to step on your glasses?

Tom
I read without glasses quite often Although I need them for anything else
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  #33  
Old 07.04.2017, 16:20
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Re: Help me? Person damaged my property and is now refusing to cooperate

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god I hate this society where children can run feral, someone needs to be found liable for their behaviour.
This was an accident, accidents happen, especially when kids are invading other people's space in a park and that's it! consider that not all parents are competent individuals who appreciate more a more traditional and respectful way for children and adults to share communal spaces. You are well within your rights to admonish the mother and report them to the police (!!!) or god knows who to make you feel that justice was told.
FTFY

(Bloody hippies)
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  #34  
Old 07.04.2017, 16:22
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Re: Help me? Person damaged my property and is now refusing to cooperate

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god I hate this society where for every little event, someone needs to be found liable for.
This was an accident, accidents happen, you can't blame the kids for being kids in a park and that's it! consider that you let your glasses fall on your kitchen floor and have to buy new ones instead of running after the mother or even the police (!!!) or god knows who to make you feel that justice was told.
The problem was the attitude of the kids mom. He is not saying the kid did it on purpose
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Old 07.04.2017, 16:28
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Re: Help me? Person damaged my property and is now refusing to cooperate

Here is what I'd do: I'd not have any intention to talk to my own insurance, let alone talking to the ladies. It's her job to be stuck in the phone laine of hers if she has any at all...

- get the glasses repaired. Pay for them.

- make a copy of the receipt and send the lady an invoice. Important: Send it via "Einschreiben", signature letter, so she cannot tell anyone that the dog ate the letter... and write in your invoice that she has 30 days to pay. Write in the letter that you will go the full way to a Betreibung if she doesn't pay.

- send a reminder after 30 days. Add 20 CHF for your efforts.

- send a second reminder after 60 days. Add another 20 CHF for not paying.

- Make an official demand at the city hall. It's called Betreibung and it's dead easy. All Swiss will want to avoid to have one on their record as it makes anything from finding an appartment to jobs a hassle... this small claims system is one of the cool things of the Swiss bureaucracy.
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  #36  
Old 07.04.2017, 16:32
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Re: Help me? Person damaged my property and is now refusing to cooperate

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Here is what I'd do: I'd not have any intention to talk to my own insurance, let alone talking to the ladies. It's her job to be stuck in the phone laine of hers if she has any at all...

- get the glasses repaired. Pay for them.

- make a copy of the receipt and send the lady an invoice. Important: Send it via "Einschreiben", signature letter, so she cannot tell anyone that the dog ate the letter... and write in your invoice that she has 30 days to pay. Write in the letter that you will go the full way to a Betreibung if she doesn't pay.

- send a reminder after 30 days. Add 20 CHF for your efforts.

- send a second reminder after 60 days. Add another 20 CHF for not paying.

- Make an official demand at the city hall. It's called Betreibung and it's dead easy. All Swiss will want to avoid to have one on their record as it makes anything from finding an appartment to jobs a hassle... this small claims system is one of the cool things of the Swiss bureaucracy.
This
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Old 07.04.2017, 16:44
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Re: Help me? Person damaged my property and is now refusing to cooperate

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Why were your expensive glasses laying on the ground in a public area where kids are playing nearby?

I understand the kids came to dance around you (which is actually very sweet), but if you are not wearing them then you should put them where they are protected in your case or bag.
Yeah i was waiting for that one person to say that. And to be fair yeah its good logic

But i think you missunderstand exactly how close the kids were and where my sunglasses were. Picture i was sitting on the grass cross legged. Glass are immediately in front of me. Maybe 2 inches from my feet. Now picture the kids running around me so close that they stepped on them. I think one was actually holding my head like a maypole.

I didnt leave them in a strange spot. If i did i wouldt be writting this. But in this case its not my fault, its the fault of less than satisfactory parenting. I know i wouldnt let my niece or nephew run around strangers like that. And for the record i have no issue with kids playing in the park. But the mother wasnt even watching she was around the corner drinking wine with a friend!

But on another note im thinking of starting a pop initiave to bring a 1 child policy to switzerland. I should start a ne new thread to try to organise signatures yeah, (its a joke dont crucify me)
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  #38  
Old 07.04.2017, 16:45
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Re: Help me? Person damaged my property and is now refusing to cooperate

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My excess would cost more than 120 :-(

Thanks for the advice though! And yes it was really sad to see a parent trying so hard to avoid responsibility in front of her kids
There is actually no need to contact your insurance unless you had the item insured in the first place.

She takes out insurance in order to cover a potential loss on her part. Whether she decides to pay it out of her pocket or make a claim on her insurance is her problem. You have no need to know anything about her insurance.

Send her the invoice and start the normal procedure to escalate the recovery if she fails to pay.
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Old 07.04.2017, 16:46
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Re: Help me? Person damaged my property and is now refusing to cooperate

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Here is what I'd do: I'd not have any intention to talk to my own insurance, let alone talking to the ladies. It's her job to be stuck in the phone laine of hers if she has any at all...

- get the glasses repaired. Pay for them.

- make a copy of the receipt and send the lady an invoice. Important: Send it via "Einschreiben", signature letter, so she cannot tell anyone that the dog ate the letter... and write in your invoice that she has 30 days to pay. Write in the letter that you will go the full way to a Betreibung if she doesn't pay.

- send a reminder after 30 days. Add 20 CHF for your efforts.

- send a second reminder after 60 days. Add another 20 CHF for not paying.

- Make an official demand at the city hall. It's called Betreibung and it's dead easy. All Swiss will want to avoid to have one on their record as it makes anything from finding an appartment to jobs a hassle... this small claims system is one of the cool things of the Swiss bureaucracy.
Wow! Thank you bery much!!
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  #40  
Old 07.04.2017, 16:59
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Re: Help me? Person damaged my property and is now refusing to cooperate

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But i think you missunderstand exactly how close the kids were and where my sunglasses were. Picture i was sitting on the grass cross legged. Glass are immediately in front of me. Maybe 2 inches from my feet. Now picture the kids running around me so close that they stepped on them. I think one was actually holding my head like a maypole.
Fair enough, and the description made me chuckle.
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