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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 3
    • apd100
    • By apd100 11th Sep 17, 6:12 PM
    • 17 Posts
    • 16 Thanks
    apd100
    Can clearly tell who was bullied at school here.
    • Aylesbury Duck
    • By Aylesbury Duck 11th Sep 17, 6:14 PM
    • 1,123 Posts
    • 1,362 Thanks
    Aylesbury Duck
    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
    Do tell, we're not psychic.
    • glentoran99
    • By glentoran99 11th Sep 17, 6:14 PM
    • 4,822 Posts
    • 3,825 Thanks
    glentoran99
    4515 aggressive non-helpful troll posts I'm assuming!
    Originally posted by apd100


    aggressive? where?
    • Gloomendoom
    • By Gloomendoom 11th Sep 17, 6:16 PM
    • 13,090 Posts
    • 17,308 Thanks
    Gloomendoom
    OP have you had a bill for the ambulance yet?
    Advice; it rhymes with mice. Advise; it rhymes with wise.
    • Aylesbury Duck
    • By Aylesbury Duck 11th Sep 17, 6:18 PM
    • 1,123 Posts
    • 1,362 Thanks
    Aylesbury Duck
    4515 aggressive non-helpful troll posts I'm assuming!
    Originally posted by apd100
    Unlikely, given that she/he has been thanked on about three quarters of their posts.

    Perhaps three quarters of people who receive advice on their questions don't get stroppy with anyone who gives an answer they don't like? Seriously, what is the point of posting your story and asking for advice if you're then going to complain if anyone gives you the answer you've already decided you want?

    Just get on with suing the kid's parents if that's what you want to do.
    • glentoran99
    • By glentoran99 11th Sep 17, 6:19 PM
    • 4,822 Posts
    • 3,825 Thanks
    glentoran99

    Just get on with suing the kid's parents if that's what you want to do.
    Originally posted by Aylesbury Duck


    and do please come back with the outcome
    • societys child
    • By societys child 11th Sep 17, 6:21 PM
    • 4,811 Posts
    • 5,243 Thanks
    societys child
    I'm trolling no one.

    Oh, and the incident didn't increase my premiums.

    • izzy65
    • By izzy65 11th Sep 17, 6:21 PM
    • 2,450 Posts
    • 41,294 Thanks
    izzy65
    If anyone is aggressive and arrogant on this thread it's you, as anyone can see from your reply to me


    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
    And having pointed out that I was in fact correct, and I obviously have a better understanding of the road than you, you have not even had the good manners to reply, its people like you that post one thread and expect everyone to say what you want that makes genuine posters avoid this site
    The person who never makes a mistake never learns anything.
    • societys child
    • By societys child 11th Sep 17, 6:35 PM
    • 4,811 Posts
    • 5,243 Thanks
    societys child
    Perhaps I should delete post #35, not sure I care now . .

    • glentoran99
    • By glentoran99 11th Sep 17, 6:39 PM
    • 4,822 Posts
    • 3,825 Thanks
    glentoran99
    Perhaps I should delete post #35, not sure I care now . .
    Originally posted by societys child


    Its learning experience on this site, even now years later I find it shocking the number of people asking questions who throw the toys out when they don't get the answer they want to back up their pre formed opinion.




    I would leave your post, If not for the OP for others who may come along and actually be grateful
    • Aylesbury Duck
    • By Aylesbury Duck 11th Sep 17, 6:49 PM
    • 1,123 Posts
    • 1,362 Thanks
    Aylesbury Duck
    Perhaps I should delete post #35, not sure I care now . .
    Originally posted by societys child
    No, it's a really good example of what can unfold and why informing your insurer is important. Some people don't think ahead to the possible consequences when they're in the immediate rage of having to fix their dented car. Then you see threads from people wanting advice when the "gentlemen's agreement" they struck with a third party unravels and they're faced with demands for what they think are unreasonable sums of money for a dent. Happens all the time.
    • Rags2riches
    • By Rags2riches 11th Sep 17, 6:51 PM
    • 42 Posts
    • 12 Thanks
    Rags2riches
    I thought you had to report this sort of incident to your insurance company, whether you intend to claim or not.
    • Aylesbury Duck
    • By Aylesbury Duck 11th Sep 17, 6:55 PM
    • 1,123 Posts
    • 1,362 Thanks
    Aylesbury Duck
    I thought you had to report this sort of incident to your insurance company, whether you intend to claim or not.
    Originally posted by Rags2riches
    You do. There's a risk that if you don't and a third party subsequently declares it, your insurance could be cancelled. If people think premiums might rise with a notified incident, try seeing what insurance costs if you've ever had insurance cancelled or declined...

    In many cases, notifying your insurer of an incident and not making a claim makes no or only a slight difference to the premium. Not always, but the fear of increased premiums seems exaggerated whereas the risks are downplayed.
    • AdrianC
    • By AdrianC 11th Sep 17, 6:59 PM
    • 15,459 Posts
    • 13,783 Thanks
    AdrianC
    Well, that's all a bit of a tantrum-fest...

    There's no point in actually claiming from the insurer. Your excess is likely to be very close to the cost, if not above it.

    OTOH, given that it's a child that's injured, I'd definitely be informing the insurers for future reference, and making sure the names and addresses of the witnesses are noted. The likelihood of the mother deciding in the future that there's a payout available is reasonably high.

    Yes, you can take it to small claim. Whether you'll win or not is another question, as is whether any judgement will be enforced without a disproportionate amount of hassle.
    • Robisere
    • By Robisere 11th Sep 17, 7:45 PM
    • 1,850 Posts
    • 2,640 Thanks
    Robisere
    A similar incident happened to me in the late 80's, when I was a workshop foreman road - testing a car. The fault was reported as happening at low speed, ascending and then descending a hill. There was a hill that suited the situation perfectly in the village, so I drove slowly up to the crest. A boy I discovered to be 10 years old, ran out without looking and struck the offside wing of the car, denting it as I found later. I saw him coming and stopped, as I was already driving slowly. I jumped out and ran to the boy, fearing that he was hurt, but he was only bruised, had not fallen. There were several witnesses including his parents, whom I knew. They were more concerned with telling the boy off for hitting the car, but I had kids myself and said that no one can judge what they are going to do from one moment to the next, at that age.

    The worst part? The car belonged to a police officer! I found the fault, cured it, but not before informing the garage business insurer. They listened and noted it, later photographed the slight dent, and thanked me for reporting it, in case the parents had second thoughts and sued the garage. When the PC came to collect his car, we had repaired the damage. He was unbothered by what had happened, actually a bit amused: as he said, it had been covered by our own liability and as long as the boy was unhurt, no harm done.

    My main concern, then and later, was that the boy was unhurt. I went to see the family after work and they were fine about it. Apparently the boy had been regaling his pals with the story and had gained a short period of fame!

    So I advise you to report this to your insurance and realise that your post appears to make more of the damage to your car, than to any possible hurt to the boy. That is probably a long way from the truth and not how you wished, but it is how it appears.

    I couldn't care less that you were driving a BMW, by the way.
    There may be more than one way to skin a cat.
    But the result is always inedible.

    • Mercdriver
    • By Mercdriver 11th Sep 17, 8:27 PM
    • 1,440 Posts
    • 965 Thanks
    Mercdriver
    Glentoran, if you have nothing of any value to say, take it elsewhere please.
    Originally posted by apd100
    Please not another Kraken-type thread. What you mean is if we have anything to say that you don't agree with, bigger off.

    You will be committing insurance fraud if on the date of your next renewal you say "No" to the question, "Have you had an accident regardless of fault in the last "X" years."

    In the meantime, if you don't tell them you are likely to be in breach of contract and they can withdraw their cover which will leave you only being able to insure yourself through specialist insurers for megabucks.

    If I were the child's mother, on receipt of the letter, I would be calling your insurers to make sure they were aware of the incident, by saying there was an accident invoilving your car and her child and you would be in hot water.

    Put it down to experience. For the sake of £190, though I'm amazed you can get a bodyshop to do a repair on the scale you suggest for that money.

    Perhaps you could do Moneysavers a favour and tell everyone where this supercheap and good body shop is.
    • Aylesbury Duck
    • By Aylesbury Duck 11th Sep 17, 8:35 PM
    • 1,123 Posts
    • 1,362 Thanks
    Aylesbury Duck
    Perhaps you could do Moneysavers a favour and tell everyone where this supercheap and good body shop is.
    Originally posted by Mercdriver
    Oh, God...please don't ask this. You-know-who will come on and start raging about a certain bodyshop with which he's got a grievance.
    • Mercdriver
    • By Mercdriver 11th Sep 17, 8:38 PM
    • 1,440 Posts
    • 965 Thanks
    Mercdriver
    Oh and good luck suing a child that is below the age of legal responsibility. You have no grounds to sue even if he did it deliberately.

    Chalk it down to experience.

    Also, children don't come from nowhere. You should be scanning the area around you, especially after a situation like you describe. Sounds like you were distracted by the stop and give way situation, and didn't see the child. It could so easily be found against you.
    • Warwick Hunt
    • By Warwick Hunt 11th Sep 17, 8:40 PM
    • 593 Posts
    • 304 Thanks
    Warwick Hunt
    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
    So how did the damage get there?
    • Mercdriver
    • By Mercdriver 11th Sep 17, 8:41 PM
    • 1,440 Posts
    • 965 Thanks
    Mercdriver
    So how did the damage get there?
    Originally posted by Warwick Hunt
    If you read further on, he doesn't know his off-side from his near side. A bit like not knowing port from starboard when steering a ship.

    As for his claim, he's sunk without a paddle because the child has the defence of infancy. He is under the age of 10 and his parents can't be found legally responsible either.
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