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

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Comments

  • Car_54
    Car_54 Posts: 8,211 Forumite
    First Anniversary Name Dropper First Post
    Do you have any independent witnesses? If not, forget it.

    If you have, you could sue the kid, even if you won he's unlikely to have any money.

    You could sue the parent(s) but you'd have to prove negligence.
  • apd100
    apd100 Posts: 17 Forumite
    Okay, clearly I have just realised what a horrible person I am. Thanks for all your advice.
  • sevenhills
    sevenhills Posts: 5,881 Forumite
    First Anniversary Name Dropper First Post
    apd100 wrote: »
    Societys child, I dont know where who the letter would come from. I'm here because I don't know if a small claims court is the right solution!

    Not sure a parent is legally bound to pay, there may be some responsibility; but I would just forget it ever happened.
  • sevenhills
    sevenhills Posts: 5,881 Forumite
    First Anniversary Name Dropper First Post
    apd100 wrote: »
    Okay, clearly I have just realised what a horrible person I am. Thanks for all your advice.

    Try again on another thread, but instead of saying the car is a BMW, put Nissan ;)
  • apd100
    apd100 Posts: 17 Forumite
    Car 54, yes, I have plenty of witnesses, two elderly people in a car who gave way to me a moment before the impact, I was travelling at less than 20mph on a 20mph road as I had just come to a complete stop to give way to this couple who decided to let me go first, then the 'collision' happened.
  • apd100
    apd100 Posts: 17 Forumite
    sevenhills wrote: »
    Try again on another thread, but instead of saying the car is a BMW, put Nissan ;)

    Lol, thought it might have been the case. Sad world, have anything nice and people can't stand it.
  • izzy65
    izzy65 Posts: 2,862 Forumite
    First Anniversary
    For a child to hit the off side front wing he would of needed to be running into the road from the right hand side, he would of had to cRoss a whole carriageway before entering yours, were you not aware of a child in the road as you approached?. I am sorry but I too think you should just be thankful you never killed a child, a lump of metal can be replaced or fixed.
    The person who never makes a mistake never learns anything.
  • apd100 wrote: »
    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!
    I'd let it drop. You'll get nowhere with it, morally or legally. There seems to be an inconsistency in your approach to dealing with it. You want an official, legal resolution to sort out your losses but you want to avoid your contractual and legal obligations so that your insurance premiums don't rise. Good luck with that.

    The police attended yet you're intending to hide the accident from your insurer? Good luck with that, too.
  • apd100
    apd100 Posts: 17 Forumite
    Izzy, why are you trying to understand the road you have no idea about. We drive on the left side of the road, he hit the left side of my car, no crossing a carriage way was required.
  • izzy65
    izzy65 Posts: 2,862 Forumite
    First Anniversary
    apd100 wrote: »
    Izzy, why are you trying to understand the road you have no idea about. We drive on the left side of the road, he hit the left side of my car, no crossing a carriage way was required.

    Get your facts straight, left hand side is NEAR side
    The person who never makes a mistake never learns anything.
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