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  • FIRST POST
    katanata
    dla and car insurance
    • #1
    • 22nd May 12, 3:38 PM
    dla and car insurance 22nd May 12 at 3:38 PM
    I need advice as my 4 yr old child scraped a neighbours car doos on one side with a stone. I said I would pay the damages but the quote she gave me was £1319.89. This is a dla car. I told the owner that I dont have that amount of money and if she goes through her insurance I will pay the excess. She is refusing to do that as she said she will lose her £500 bonus. I have been told this is wrong and she will just pay the excess and it wont affect future insurance. The car was parked on the street and not in her drive. I also told her to take me to small claims court but she said she doesnt get legal aid as her husband gets a disability pension. What should I do. She is demanding £500 by the end of the month. I am on income support.
    Last edited by katanata; 23-05-2012 at 9:33 AM.
Page 1
    • McKneff
    • By McKneff 22nd May 12, 3:44 PM
    • 34,748 Posts
    • 44,736 Thanks
    McKneff
    • #2
    • 22nd May 12, 3:44 PM
    • #2
    • 22nd May 12, 3:44 PM
    Dont pay her anything for now. She doestn need legal aid for Small Claims Court, its probably going to cost 30 quid or so, the daft bat.


    Personally I would just let her take you to court, if you are on a low income and you are told to pay it will be a minimal amount per week.

    As an aside, she is bound by the terms and conditions of her insurance policy to report any 'incident' relating to her car. Tell her to look at her terms and condition and speak to them first. This clause is in all insurance companies terms and conditions.

    In the meantime, if you cant get into the CAB, most solicitors will give you a half hour free consultation.

    Deal with everything in writing and admit nothing from now on.
    Last edited by McKneff; 22-05-2012 at 3:48 PM.
    No one can make you feel inferior without your consent
  • katanata
    • #3
    • 22nd May 12, 3:58 PM
    dla and car insurance.
    • #3
    • 22nd May 12, 3:58 PM
    I didnt admit anything. Another neighbour told her it was my child but she thought he just had chalk. I have already seen CAB. They told me not to pay but let her go through insurance or court. I have already told her this but she wont do either. thanks for your reply.
    • beth.stephenson2009
    • By beth.stephenson2009 22nd May 12, 4:13 PM
    • 218 Posts
    • 122 Thanks
    beth.stephenson2009
    • #4
    • 22nd May 12, 4:13 PM
    • #4
    • 22nd May 12, 4:13 PM
    I would drop a note through her front door saying that you CAN'T do anything, and that she is going to have to take you to small claims court- don't let it get heated or let it get ugly.

    Im sorry your in this situation, its nobody's fault but your neighbor sounds like a pain in the backside.
    • janninew
    • By janninew 22nd May 12, 4:21 PM
    • 3,772 Posts
    • 7,174 Thanks
    janninew
    • #5
    • 22nd May 12, 4:21 PM
    • #5
    • 22nd May 12, 4:21 PM
    I would drop a note through her front door saying that you CAN'T do anything, and that she is going to have to take you to small claims court- don't let it get heated or let it get ugly.

    Im sorry your in this situation, its nobody's fault but your neighbor sounds like a pain in the backside.
    Originally posted by beth.stephenson2009
    To be honest I would be slightly annoyed if I had my car scratched by a child! I don't think its fair to call the neighbour a pain in the backside!

    At the end of the day if you haven't got the money you can't pay, if it were me I would offer to pay in instalments and try and stay friendly. Your child has damaged her property so morally I feel you need to do what you can to resolve the situation.
    • saving_pennies
    • By saving_pennies 22nd May 12, 4:29 PM
    • 485 Posts
    • 9,671 Thanks
    saving_pennies
    • #6
    • 22nd May 12, 4:29 PM
    • #6
    • 22nd May 12, 4:29 PM
    If her car is through the motability scheme where her DLA mobility component pays for it, then she will not loss her bonus by making a claim on insurance. Plus all repairs need to be done via motability approved garages.

    I have contacted the insurance regarding small damage such as scratches which have been classes as fair wear and tear.

    I have also reported a slight bump in a car park where the other driver drove off after demanding I pay for the damage to his car. My car had bumper damage. I called Motability and this could not be classed as fair wear and tear. I had to pay £75 excess and the work had to be done through an approved garage.

    Despite this, Motability have told me I am still entitled to the bonus when I hand the car back, although I thought this is £200 not £500.

    I would take the advice of the CAB and other posts here - do not pay her. I also agree that it is a good idea to put everything in writing.
  • anguk
    • #7
    • 22nd May 12, 11:03 PM
    • #7
    • 22nd May 12, 11:03 PM
    If her car is through the motability scheme where her DLA mobility component pays for it, then she will not loss her bonus by making a claim on insurance. Plus all repairs need to be done via motability approved garages.

    I have contacted the insurance regarding small damage such as scratches which have been classes as fair wear and tear.

    I have also reported a slight bump in a car park where the other driver drove off after demanding I pay for the damage to his car. My car had bumper damage. I called Motability and this could not be classed as fair wear and tear. I had to pay £75 excess and the work had to be done through an approved garage.

    Despite this, Motability have told me I am still entitled to the bonus when I hand the car back, although I thought this is £200 not £500.

    I would take the advice of the CAB and other posts here - do not pay her. I also agree that it is a good idea to put everything in writing.
    Originally posted by saving_pennies
    You do have to be careful now with Motability insurance, if you have several claims (they go back over 5 years) Sun Alliance can refuse to insure you when you get your next car (which means you can't get a motability car) or ask you to pay an extra premium for insurance. A quick google brings up several cases where RSA have refused to insure a Motability driver because of previous claims:

    http://forums.moneysavingexpert.com/showthread.php?t=3142746
    http://www.bbc.co.uk/ouch/messageboards/F3611783?thread=7591442

    If the lady in question has already claimed on her insurance a few times she may be very wary about making another claim, especially as the damage to the car is not her fault.
    Last edited by anguk; 22-05-2012 at 11:13 PM.
    Dum Spiro Spero
  • katanata
    • #8
    • 23rd May 12, 7:27 AM
    • #8
    • 23rd May 12, 7:27 AM
    \i have written a letter as advised and I am going to have it checked and co-signed by CAB or solicitor as I am not financially able to resolve this but I am willing to pay in inslalments or pay her insurance excess.
  • anguk
    • #9
    • 23rd May 12, 10:28 AM
    • #9
    • 23rd May 12, 10:28 AM
    It could be worth checking your own household insurance, something like this may be covered.
    Dum Spiro Spero
  • terriandaaron
    right my firiend had a disability car, firstly the £500 is not £500 at all its £250 good condition bonus which she will get at the time she hands back the car,(so shes not losing out till her 3 year lease is up anyway) and making a claim wont afftect this, my friend reported a small dent which wasnt fixed and still got her bonus....if she doesnt report it shes the one in the wrong.

    Plus if you havent admitted it was your daughter she will still need to prove this, and also the most the excess will be is £75/100, and thats even if they choose to fix it, if its only a small scrach they may leave it till she hands the car back.

    Tell her your very aware of the terms and conditions around her car and your very sorry it was damaged but shes wrong and needs to inform them asap.

    On another note why was a 4 year old out in the street unsupervised anyway?
    5 kids..1 hubby...1 dog..3 rabbits and a goldfish...yep ours is a Madhouse

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  • Jahlove
    Has your daughter admitted it? If not then tell her you will have to go to court because you don't know if your child did it as your child say's she did not, it will then be up to your neighbor to prove in court that it was indeed your child which will be extremely difficult for her to prove with no cctv or fingerprints etc.

    Saying that if your truely belive your child did do it it would be the honorable thing and try and work out a way to pay for it, her quote is ridiculous though she is deffinelty trying it on, company's like chips away will do a cracking job for a couple of hundred quid.
  • pauliboo
    I have a Motability car.

    The Excess is £75
    The Good Condition Bonus is paid at the end of her 3 year lease - It's £250

    Why don't you ask her to go to a SMART repairer, a few of us with Motability cars have done this in the past, they typically charge less than £100 to remove a scratch.
    Google "SMART Repair"

    I've used a SMART repairer called ChipsAway on private cars too - and never been charged more than £100 for panel repairs.
    • Lum
    • By Lum 23rd May 12, 2:41 PM
    • 6,364 Posts
    • 3,886 Thanks
    Lum
    Saying that if your truely belive your child did do it it would be the honorable thing and try and work out a way to pay for it, her quote is ridiculous though she is deffinelty trying it on, company's like chips away will do a cracking crap job for a couple of hundred quid.
    Originally posted by Jahlove
    Fixed that for you.

    Touch up jobs done by the likes of Chips Away are always noticeable, especially to people who actually care about cars. Definitely not something I'd settle for to repair damage that's not my fault.

    Plus we don't know if this is a little tiny scratch or if the kid has been drawing pictures on the side of the car.

    £1300 sounds about right for a proper job at an insurance approved garage, and as stated above repairs to a motability car need to be done be approved repairers.

    The insurance situation still sounds a bit suss, but the prices and repair method seem reasonable to me.
  • Anubis
    I have a Motability car.

    The Excess is £75
    The Good Condition Bonus is paid at the end of her 3 year lease - It's £250

    Why don't you ask her to go to a SMART repairer, a few of us with Motability cars have done this in the past, they typically charge less than £100 to remove a scratch.
    Google "SMART Repair"

    I've used a SMART repairer called ChipsAway on private cars too - and never been charged more than £100 for panel repairs.
    Originally posted by pauliboo
    This would still have to be done at an approved garage?
    How people treat you becomes their karma; how you react becomes yours.
    • QuackQuackOops
    • By QuackQuackOops 26th May 12, 9:04 PM
    • 1,622 Posts
    • 3,024 Thanks
    QuackQuackOops
    The car doesnt belong to your neighbour, it belongs to Motobility and she doesnt pay insurance, thats automatically included.

    So tell her to inform them of the damage and if THEY want to come after you and your child for the money then thats fine, but you will not be giving money directly to her.
    • C_Mababejive
    • By C_Mababejive 26th May 12, 9:23 PM
    • 9,942 Posts
    • 9,079 Thanks
    C_Mababejive
    Do nothing...its tough but thats how it is.
    Feudal Britain needs land reform. 70% of the land is "owned" by 1 % of the population and at least 50% is unregistered (inherited by landed gentry). Thats why your slave box costs so much..
    • McKneff
    • By McKneff 26th May 12, 9:23 PM
    • 34,748 Posts
    • 44,736 Thanks
    McKneff
    The car doesnt belong to your neighbour, it belongs to Motobility and she doesnt pay insurance, thats automatically included.

    So tell her to inform them of the damage and if THEY want to come after you and your child for the money then thats fine, but you will not be giving money directly to her.
    Originally posted by QuackQuackOops
    Exactly

    The lady is telling you porkies. Do as QQOoops says and wait.
    No one can make you feel inferior without your consent
    • dave030445
    • By dave030445 4th Jun 12, 8:33 PM
    • 859 Posts
    • 234 Thanks
    dave030445
    It was your kid that damaged your neighbours car start taking responsibility and do what ever it takes to sort your neighbours car out. instead of trying to get out of it. Glad you dont live next door to me. Little brat.
  • MightyB
    Do not pay this woman. She is breaching the terms of her own insurance and Motability agreement by failing to report it. Sounds to me like she is trying to extract cash from you as well as taking the benefit of the repair she will get.

    To other posters calling the OPs child a brat - shame on you. I'm not a parent myself but still appreciate you can't keep them on a leash and they sometimes do things that are undesirable. To call a 4 year old a brat for something like this is a bit over the top.
    • paddedjohn
    • By paddedjohn 5th Jun 12, 2:42 AM
    • 6,868 Posts
    • 7,573 Thanks
    paddedjohn
    Do not pay this woman. She is breaching the terms of her own insurance and Motability agreement by failing to report it. Sounds to me like she is trying to extract cash from you as well as taking the benefit of the repair she will get.

    To other posters calling the OPs child a brat - shame on you. I'm not a parent myself but still appreciate you can't keep them on a leash and they sometimes do things that are undesirable. To call a 4 year old a brat for something like this is a bit over the top.
    Originally posted by MightyB

    Well ive got kids and grand kids and none of mine have ever done anything like this before so i think the poster who called the kid a brat is spot on. Your kids are a reflection of yourself and it looks as if the OP isnt taking the actions of her kid serious enough. Maybe you cant keep them on a leash but you certainly shouldnt be letting them play out in the street out of sight at 4 years old, if you were a parent you would probably have a different view.
    Be Alert..........Britain needs lerts.
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