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  • FIRST POST
    • apd100
    • By apd100 11th Sep 17, 5:20 PM
    • 17Posts
    • 16Thanks
    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 2
    • glentoran99
    • By glentoran99 11th Sep 17, 5:53 PM
    • 4,835 Posts
    • 3,836 Thanks
    glentoran99
    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!
    Originally posted by societys child


    exactly what I was alluding too
    • Car 54
    • By Car 54 11th Sep 17, 5:53 PM
    • 2,407 Posts
    • 1,566 Thanks
    Car 54
    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
    • By apd100 11th Sep 17, 5:55 PM
    • 17 Posts
    • 16 Thanks
    apd100
    Okay, clearly I have just realised what a horrible person I am. Thanks for all your advice.
    • sevenhills
    • By sevenhills 11th Sep 17, 5:55 PM
    • 720 Posts
    • 256 Thanks
    sevenhills
    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!
    Originally posted by apd100
    Not sure a parent is legally bound to pay, there may be some responsibility; but I would just forget it ever happened.

    • sevenhills
    • By sevenhills 11th Sep 17, 5:57 PM
    • 720 Posts
    • 256 Thanks
    sevenhills
    Okay, clearly I have just realised what a horrible person I am. Thanks for all your advice.
    Originally posted by apd100
    Try again on another thread, but instead of saying the car is a BMW, put Nissan

    • apd100
    • By apd100 11th Sep 17, 5:57 PM
    • 17 Posts
    • 16 Thanks
    apd100
    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
    • By apd100 11th Sep 17, 5:58 PM
    • 17 Posts
    • 16 Thanks
    apd100
    Try again on another thread, but instead of saying the car is a BMW, put Nissan
    Originally posted by sevenhills
    Lol, thought it might have been the case. Sad world, have anything nice and people can't stand it.
    • izzy65
    • By izzy65 11th Sep 17, 6:00 PM
    • 2,457 Posts
    • 41,344 Thanks
    izzy65
    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.
    • Aylesbury Duck
    • By Aylesbury Duck 11th Sep 17, 6:00 PM
    • 1,143 Posts
    • 1,420 Thanks
    Aylesbury Duck
    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!
    Originally posted by apd100
    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
    • By apd100 11th Sep 17, 6:01 PM
    • 17 Posts
    • 16 Thanks
    apd100
    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
    • By izzy65 11th Sep 17, 6:03 PM
    • 2,457 Posts
    • 41,344 Thanks
    izzy65
    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.
    Originally posted by apd100
    Get your facts straight, left hand side is NEAR side
    The person who never makes a mistake never learns anything.
    • glentoran99
    • By glentoran99 11th Sep 17, 6:04 PM
    • 4,835 Posts
    • 3,836 Thanks
    glentoran99
    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.
    Originally posted by apd100
    so he hit the nearside then not the offside?
    • izzy65
    • By izzy65 11th Sep 17, 6:05 PM
    • 2,457 Posts
    • 41,344 Thanks
    izzy65
    so he hit the nearside then not the offside?
    Originally posted by glentoran99
    Thank you
    The person who never makes a mistake never learns anything.
    • Aretnap
    • By Aretnap 11th Sep 17, 6:05 PM
    • 2,822 Posts
    • 2,320 Thanks
    Aretnap
    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?
    Originally posted by apd100
    Nope. Generally people are responsible for their own wrongdoing - nobody else's. Parents are not usually liable for damage caused by their children. At least, not legally. Morally some people might argue that they are - but if you're talking about the small claims court then you're talking about legal responsibilities, not moral ones.

    To claim against the parents you would have to demonstrate that the parents themselves were negligent in some way, for example by persuading the judge that a reasonable parent would not have allowed an 8-year old to play outside unsupervised. Don't think you'd get very far with that one.

    Alternatively you could file a claim against the child personally, but you might run into 2 problems:

    First, negligence on the part of a child is assessed on the question of whether they took the level of care that would be expected of a reasonable (8-year-old) child, which is obviously much lower than the level of care expected of a reasonable adult. It's difficult to prove negligence on the part of a child, and impossible in the case of very young children who have little or no concept of their actions' consequences.

    And second, an 8 year old child is unlikely to have £190 in his piggy bank, so even if your claim is successful you're unlilely to get paid (as above, the parents would have no obligation to pay on the child's behalf).

    Alternatively you could accept that !!!! happens and that you can't always demand that someone else pays for every bit of misfortune that befalls you in life, and put it down to experience.
    • societys child
    • By societys child 11th Sep 17, 6:05 PM
    • 4,823 Posts
    • 5,261 Thanks
    societys child
    It's you that mentioned BMW.

    Seriously REPORT THIS NOW to your insurance company.

    I have first hand experience of an almost identical incident. Except I was stationary when the collision occurred.

    I'm trying to help you here!

    The first claim came 2 years later and continued for another 3 years. Various different solicitors - an amazing number of "new witnesses". It went on and on . . .

    Fortunately I had reported it at the time and my insurance company backed me all the way. Even handing it over to a law firm to defend. They spent a fortune on barristers and accident investigators. I couldn't have afforded that.
    Doubt they'd have done that if I'd not reported it.

    It's your choice.
    Last edited by societys child; 11-09-2017 at 6:15 PM.

    • apd100
    • By apd100 11th Sep 17, 6:06 PM
    • 17 Posts
    • 16 Thanks
    apd100
    I'm not intending to hide it from my insurers, I haven't told them for the same reason everyone here wouldn't.
    • glentoran99
    • By glentoran99 11th Sep 17, 6:08 PM
    • 4,835 Posts
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    glentoran99
    I'm not intending to hide it from my insurers, I haven't told them for the same reason everyone here wouldn't.
    Originally posted by apd100


    That sentence makes no sense... You are intending and have hid it from your insurers
    • apd100
    • By apd100 11th Sep 17, 6:10 PM
    • 17 Posts
    • 16 Thanks
    apd100
    4515 aggressive non-helpful troll posts I'm assuming!
    • k3lvc
    • By k3lvc 11th Sep 17, 6:10 PM
    • 1,911 Posts
    • 3,001 Thanks
    k3lvc
    I'm not intending to hide it from my insurers, I haven't told them for the same reason everyone here wouldn't.
    Originally posted by apd100

    In which case you'd better put on your best lucky pants and hope that the parent isn't tempted by one of the NWNF parasites. You'll have some serious explaining to do to your insurance company if they do

    Bear in mind that no-one here has anything to gain by giving you duff advice - whether you choose to listen or consider it trolling is up to you
    Last edited by k3lvc; 11-09-2017 at 6:31 PM.
    • apd100
    • By apd100 11th Sep 17, 6:11 PM
    • 17 Posts
    • 16 Thanks
    apd100
    Anyway, thanks to the people who have took time to genuinely ADVISE me, afterall, all I asked was if a small claims court was the right solution. Have a good day to you guys!
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