Child run into side of my car causing damage + small claims court

apd100 · 11 September 2017 at 5:20PM

An 8 year old boy ran out into the road at full speed and hit the side of my car. I stopped and checked he was okay, he had minor bruising but was taken in an ambulance for a checkup and is perfectly fine. My car is not. After speaking to the kids mother, her response was "thats what your insurance is for". So I'm thinking of taking it to a small claims court. Police attended the scene and I was given a log number and breathalysed. The quote for the repair is £190 as thankfully, all the damage was contained the off-side front wing of my 3 series bmw which WAS immaculate.

I know I'm going to get nowhere with this woman paying me without an official letter going through her door, but I want to know if this is something a small claims court can deal with?

Regardless of it being an accident on the kids part, he has still caused damage to someones property to which his parents should be responsible for?

Thanks in advance!

societys_child · 11 September 2017 at 5:30PM

The child had minor bruising, your 3 series bmw suffered £190 damage?

Not sure how it'd go in court.

apd100 · 11 September 2017 at 5:36PM

He has dented the wing in 3 places, most importantly along the crease of the wing which thankfully can be shaped back and sprayed rather than a whole new wing. There is no question of doubt the damage on my car was from the impact of the kid and theres no doubt he has minor bruising so what would be hard for a court to understand?

glentoran99 · 11 September 2017 at 5:36PM

Good luck with that claim........

Mr Judge a child hit my car with his face, id like to sue him for £190.

apd100 · 11 September 2017 at 5:38PM

I was under the impression a small claims court didn't require all involved to stand before a judge. I was told it would be a letter through the door with a claim for damages?

glentoran99 · 11 September 2017 at 5:39PM

apd100 wrote: »

I was under the impression a small claims court didn't require all involved to stand before a judge. I was told it would be a letter through the door with a claim for damages?

And if she declines? Which I would in no uncertain terms, Unless shes willing to pay it has to go to a hearing for a judge to decide

A child was injured by your car and required hospital treatment, regardless of how this happened it was an accident, It wasn't a deliberate act to damage your car.

Muscle750 · 11 September 2017 at 5:40PM

Its what you have insurance for however for £190 which working in the trade is too cheap by far id just pay for it as your excess will i expect be far more. You wont get anywhere with the parents.

apd100 · 11 September 2017 at 5:41PM

Why would you decline to do the right thing?

glentoran99 · 11 September 2017 at 5:43PM

apd100 wrote: »

Why would you decline to do the right thing?

Why is it the right thing? A child got injured in a accident. Where is the fault for it to be the "right thing"?

societys_child · 11 September 2017 at 5:45PM

A letter from where/who?
Would have thought the "accused" would have a right to defend themselves.

You could claim on your insurance and leave it them to chase payment. You have reported it to your insurance company?

apd100 · 11 September 2017 at 5:46PM

If my child has caused damage to someones car by running out into the road, you can bet your bottom dollar I would pay for the damage. As would any responsible adult I would have hoped. Why should I have to pay for damage done to my car regardless of how it happened?

Child run into side of my car causing damage + small claims court

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