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  • FIRST POST
    • apd100
    • By apd100 11th Sep 17, 5:20 PM
    • 17Posts
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    apd100
    Child run into side of my car causing damage + small claims court
    • #1
    • 11th Sep 17, 5:20 PM
    Child run into side of my car causing damage + small claims court 11th Sep 17 at 5:20 PM
    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!
Page 1
    • societys child
    • By societys child 11th Sep 17, 5:30 PM
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    societys child
    • #2
    • 11th Sep 17, 5:30 PM
    • #2
    • 11th Sep 17, 5:30 PM
    The child had minor bruising, your 3 series bmw suffered £190 damage?

    Not sure how it'd go in court.

    • apd100
    • By apd100 11th Sep 17, 5:36 PM
    • 17 Posts
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    apd100
    • #3
    • 11th Sep 17, 5:36 PM
    • #3
    • 11th Sep 17, 5:36 PM
    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
    • By glentoran99 11th Sep 17, 5:36 PM
    • 4,601 Posts
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    glentoran99
    • #4
    • 11th Sep 17, 5:36 PM
    • #4
    • 11th Sep 17, 5:36 PM
    Good luck with that claim........


    Mr Judge a child hit my car with his face, id like to sue him for £190.
    • apd100
    • By apd100 11th Sep 17, 5:38 PM
    • 17 Posts
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    apd100
    • #5
    • 11th Sep 17, 5:38 PM
    • #5
    • 11th Sep 17, 5:38 PM
    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
    • By glentoran99 11th Sep 17, 5:39 PM
    • 4,601 Posts
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    glentoran99
    • #6
    • 11th Sep 17, 5:39 PM
    • #6
    • 11th Sep 17, 5:39 PM
    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?
    Originally posted by apd100




    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.
    Last edited by glentoran99; 11-09-2017 at 5:42 PM.
    • Muscle750
    • By Muscle750 11th Sep 17, 5:40 PM
    • 876 Posts
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    Muscle750
    • #7
    • 11th Sep 17, 5:40 PM
    • #7
    • 11th Sep 17, 5:40 PM
    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
    • By apd100 11th Sep 17, 5:41 PM
    • 17 Posts
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    apd100
    • #8
    • 11th Sep 17, 5:41 PM
    • #8
    • 11th Sep 17, 5:41 PM
    Why would you decline to do the right thing?
    • glentoran99
    • By glentoran99 11th Sep 17, 5:43 PM
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    glentoran99
    • #9
    • 11th Sep 17, 5:43 PM
    • #9
    • 11th Sep 17, 5:43 PM
    Why would you decline to do the right thing?
    Originally posted by apd100


    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
    • By societys child 11th Sep 17, 5:45 PM
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    societys child
    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
    • By apd100 11th Sep 17, 5:46 PM
    • 17 Posts
    • 7 Thanks
    apd100
    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?
    • apd100
    • By apd100 11th Sep 17, 5:47 PM
    • 17 Posts
    • 7 Thanks
    apd100
    Definitely not, if they catch a whiff of it, I'll pay that £190 each year for 5 years whether a claim was made or not.
    • glentoran99
    • By glentoran99 11th Sep 17, 5:48 PM
    • 4,601 Posts
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    glentoran99
    Definitely not, if they catch a whiff of it, I'll pay that £190 each year for 5 years whether a claim was made or not.
    Originally posted by apd100
    So your commiting insurance fraud then? that's going to really help your case
    • apd100
    • By apd100 11th Sep 17, 5:48 PM
    • 17 Posts
    • 7 Thanks
    apd100
    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!
    • societys child
    • By societys child 11th Sep 17, 5:48 PM
    • 4,549 Posts
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    societys child
    As the lady said, it's what your insurance is for.
    Doesn't sound like she intends putting her hand in her pocket.

    • apd100
    • By apd100 11th Sep 17, 5:49 PM
    • 17 Posts
    • 7 Thanks
    apd100
    Glentoran, if you have nothing of any value to say, take it elsewhere please.
    • glentoran99
    • By glentoran99 11th Sep 17, 5:50 PM
    • 4,601 Posts
    • 3,598 Thanks
    glentoran99
    So were driving too fast and didn't anticipate a young child could step out onto the road?


    the child was crossing the road and you didn't see them, clipped your car as they attempted to get out of the way?


    Who's to say your version is the true story?
    • apd100
    • By apd100 11th Sep 17, 5:51 PM
    • 17 Posts
    • 7 Thanks
    apd100
    about 6 adults, who have all messaged me on facebook to see if I was okay, 2 elderly whitnesses who passed their details to me and also stopped to tell the parents what had happened. Anything else?
    • glentoran99
    • By glentoran99 11th Sep 17, 5:52 PM
    • 4,601 Posts
    • 3,598 Thanks
    glentoran99
    Glentoran, if you have nothing of any value to say, take it elsewhere please.
    Originally posted by apd100


    nah, You asked for opinions on a internet forum ill stay thanks.


    You don't inform your insurance company you are committing insurance fraud, and you expect a court would side with you forcing an injured childs parents to pay £190 (inc costs?)
    • societys child
    • By societys child 11th Sep 17, 5:52 PM
    • 4,549 Posts
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    societys child
    Oh dear, you've had a collision with a child and have not reported it to your insurance company?

    What are you going to do if a claim is made by the third party?
    I really do suggest you do it now.

    He has until he's 21 to bring a claim against you!

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