I think both sides have valid points regarding responsibility. However, your dealing with an obvious cheapskate dad, and taking legal action would cost more than it's worth, with no guarantees either way. You may end up paying for legal fees and still have to eat the price of a new frame.
Here is what I suggest... go to your local Blk Mrkt dealer, any LBS that can order a Mob frame from Blk Mrkt. Explain to them what happened and ask them if they can order you a Mob and sell it to you at their cost plus a little for their efforts to make the phone call. That way you get dealer cost on the frame (~$400) and then split that 50/50 with the other party.
This way, no one has to accept full responsibility, and no one has to pay full price either.
If Watsonville wasn't so far from San Diego I'd do the deal for you...
And for the guy that said to find a new brand because Carter won't take responsibility... that's just silly. It's not the bike's nor the company's fault that this happened!
He is at fault, he wasn't making sure there was anything behind the tractor before backing it up. It would be like if he didn't look to see what was in front of him before he went forward. The whole "your bike shouldn't have been there" is a dumb argument because it's not your responsibility to make sure he doesn't run it over...same thing if it was in front.
He is at fault, he wasn't making sure there was anything behind the tractor before backing it up. It would be like if he didn't look to see what was in front of him before he went forward. The whole "your bike shouldn't have been there" is a dumb argument because it's not your responsibility to make sure he doesn't run it over...same thing if it was in front.
None of that matters if the kid's dad is not going to willingly pay for replacing the frame.
Try and get a frame at cost and take the 50/50 offer and move on...
Otherwise you may be without a bike for a long time.