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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 6
    • Stoke
    • By Stoke 12th Sep 17, 12:42 PM
    • 1,951 Posts
    • 739 Thanks
    Stoke
    And what non-sense it is too, because when you consider the finance, the running costs and maintenance, £190 is probably quite a lot of money when your monthly payments are equivalent to or often in excess of your mortgage/rent.
    The stereotyped assumption that they have money to burn is just wrong.
    Originally posted by Strider590
    Yes.... correct, hence I am defending them. As I said, post two threads with the same content.... say on one you drive a Dacia Duster, and say you drive an Audi A6 on the other.

    "In Soviet Russia.....car drives you"
    • neilmcl
    • By neilmcl 12th Sep 17, 12:45 PM
    • 10,237 Posts
    • 7,158 Thanks
    neilmcl
    And what non-sense it is too, because when you consider the finance, the running costs and maintenance, £190 is probably quite a lot of money when your monthly payments are equivalent to or often in excess of your mortgage/rent.
    The stereotyped assumption that they have money to burn is just wrong.
    Originally posted by Strider590
    Oh, the irony
    • Joe Horner
    • By Joe Horner 12th Sep 17, 12:53 PM
    • 4,142 Posts
    • 3,627 Thanks
    Joe Horner
    I'm pointing out that a person in charge of a car/bike/horse or whatever it is they're driving or riding is quite different from parental responsibility for a child. You seem keen to equate the two to make your point but they're not equivalent at all.
    Originally posted by Aylesbury Duck
    Eh? You mean it's not responsible parenting to lead them round in a head collar then lock them in a stable with nice fresh hay every night???
    • Tammykitty
    • By Tammykitty 12th Sep 17, 1:13 PM
    • 534 Posts
    • 1,156 Thanks
    Tammykitty
    The child's parents house insurance could actually payout for this.


    I had a similar incident, except it was an 18 year old ran into my car (Headphones on, not paying attention etc)


    The wingmirror needed replaced and a slight dent on the panel - I never fixed the dent, and got a wingmirror at the scrap yard - cost £40 to buy it and get if fitted.


    I informed my insurance company, and because a pedestrian is involved, they sent out an assessor to view the area and get full facts from me, photos the damage etc, in case of a claim at later date - it will be much easier for the insurance company to defend a claim if they get the full facts whenever the accident is fresh in your memory.


    As a driver, this is the worst accident I have ever been in, and I have been in a accident where my car rolled and finished up on the roof, where I had to crawl out of it. Hitting a pedestrian, it doesn't matter that it was their fault and they ran into the car, it is very scary, and my first thought was is she ok (she was taken to hospital for a check up, but thankfully ok), at all times I was more concerned about the young girl, than about the damage to the car.


    I wouldn't care if the car was a write off and my premiums doubled as long as she was ok.


    Yes, having to pay out for damage and get temporary insurance (I was due to change the car the next day, but had to get the damage fixed before selling) was a hassle, but cars can be fixed, it anything had have happened to the girl it would have been much much worse.
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    • Aylesbury Duck
    • By Aylesbury Duck 12th Sep 17, 1:30 PM
    • 1,145 Posts
    • 1,428 Thanks
    Aylesbury Duck
    I informed my insurance company, and because a pedestrian is involved, they sent out an assessor to view the area and get full facts from me, photos the damage etc, in case of a claim at later date - it will be much easier for the insurance company to defend a claim if they get the full facts whenever the accident is fresh in your memory.
    Originally posted by Tammykitty
    The OP seemed slightly reluctant to do the same:
    Definitely not, if they [the insurers] 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
    • EmmyLou30
    • By EmmyLou30 12th Sep 17, 1:53 PM
    • 337 Posts
    • 402 Thanks
    EmmyLou30
    I'm with the OP in the sense that the parent should be held accountable for the damage. They let their child loose on the streets when the child has clearly shown themselves to be unaware of how to cross a road and therefore should have been under supervision. The OP should not be out of pocket as a result of this, the parent should morally have said sorry and paid up.

    I have a relative to who this happened, his quick reactions meant the child that cycled into the path of his oncoming van was unharmed but the 6 month old previously immaculate van was all scratched up from the bike. Car behind praised him for his quick reactions and admited she only just avoided going up the back of him as she hadn't seen the child at all.....what did the Mum have to say....not even a thank-you for not killing my silly child, no offer of payment, just a 'claim off your insurance' and walked off just like the woman did to the OP. Disgusting.

    In answer to the actual question though the OP needs to tell the insurance company as the kid and Mum are probably the sort to falsify an injury claim too so best be ready with the facts. But then just pay for the repairs yourself so it's noted on your record but no actual claim will be set against you. All in all this will cost you hundreds for something that wasn't your fault and you have my sympathy.
    • leslieknope
    • By leslieknope 12th Sep 17, 3:23 PM
    • 308 Posts
    • 459 Thanks
    leslieknope
    you hit a child with your car and didn't report it to your insurance??? and think you can go to small claims court without this coming out and having your insurance company invalidate your insurance???
    CCCC #33: £42/£240
    DFW: £4355/£4405
    • BeenThroughItAll
    • By BeenThroughItAll 12th Sep 17, 3:43 PM
    • 4,596 Posts
    • 4,010 Thanks
    BeenThroughItAll
    The stereotyped assumption that they have money to burn is just wrong.
    Originally posted by Strider590
    Is the stereotyped assumption that all BMW drivers can't afford to own one correct, though? I'm assuming you know best.

    Wow, we really missed having you around. The smell of chips was really starting to fade.
    • Strider590
    • By Strider590 12th Sep 17, 4:11 PM
    • 11,622 Posts
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    Strider590
    Is the stereotyped assumption that all BMW drivers can't afford to own one correct, though? I'm assuming you know best.
    Originally posted by BeenThroughItAll
    Friend of mine used to work at bank, he arranged loans and got a good look at peoples finances, 95% (or 99% i cant remember) of people driving these luxury "status symbol" cars, don't own them and can''t actually afford them...... There however is a cut off point (Ferrari money and the really high end stuff), where most are bought outright.

    But I think that's the last time I type that out, next time i'll just post a link to one of many times i've said it..

    Wow, we really missed having you around. The smell of chips was really starting to fade.
    Originally posted by BeenThroughItAll
    Why where do you think I went?

    This is where it gets funny, because I can't remember ever resorting to personal insults, against you or against anyone else.

    I fully respect the opinions of others, I don't have to agree, but I wouldn't try to censor them OR shout them down OR make it personal. Which is exactly how this thread is starting to go.
    “I may not agree with you, but I will defend to the death your right to make an a** of yourself.”

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    • silverwhistle
    • By silverwhistle 12th Sep 17, 6:19 PM
    • 1,664 Posts
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    silverwhistle
    I really don't think the anti BMW stuff is all that clever. Driving a Hyundai doesn't make you hip and cool. There's no correct way..... Although in the eyes of MSE owning an Audi or BMW makes you evil.
    Originally posted by Stoke
    Oh gawd, you've entirely missed the point. I really don't care and should have just said 'reliable little hatchback'. It's you that keeps making up the strawman arguments about people having a down on BMW drivers.

    Somebody was hit, the driver doesn't want to tell his insurers, wants to sue the culprit(s), all because £190 is too much for him. Nobody wants such unexpected charges and increased insurance costs, but they're part of motoring. Driving a make known for servicing costs and where you're so worried about the condition of the vehicle I'd expect that to have been thought about before getting the dam thing.

    Somebody else said this:

    And what non-sense it is too, because when you consider the finance, the running costs and maintenance, £190 is probably quite a lot of money when your monthly payments are equivalent to or often in excess of your mortgage/rent.
    We don't know if this is the case here, but nobody forces you to buy a car that costs more than your mortgage/rent. Nobody forces you to live at the edge of your means such that £190 is more than an annoyance, but is pushing the OP towards breaking the law (and potentially even higher costs).
    • qwert yuiop
    • By qwert yuiop 3rd Oct 17, 10:27 PM
    • 2,097 Posts
    • 1,217 Thanks
    qwert yuiop
    I like your evil plan.
    Originally posted by Stoke
    It was actually an evil pan. For wicked fry ups. Subtle difference.
    • qwert yuiop
    • By qwert yuiop 3rd Oct 17, 10:31 PM
    • 2,097 Posts
    • 1,217 Thanks
    qwert yuiop
    Count yourself extremely lucky you didn't kill him. You were plainly driving without due care and attention if you were actually moving when the boy ran into the road. It's a paltry £190. Suck it up.
    • Lizabeth21
    • By Lizabeth21 3rd Oct 17, 10:36 PM
    • 38 Posts
    • 23 Thanks
    Lizabeth21
    Child's parents just need to get a 'have you had an accident in the last three years......' call
    • qwert yuiop
    • By qwert yuiop 3rd Oct 17, 10:47 PM
    • 2,097 Posts
    • 1,217 Thanks
    qwert yuiop
    I'm with the OP in the sense that the parent should be held accountable for the damage. They let their child loose on the streets when the child has clearly shown themselves to be unaware of how to cross a road and therefore should have been under supervision. The OP should not be out of pocket as a result of this, the parent should morally have said sorry and paid up.

    I have a relative to who this happened, his quick reactions meant the child that cycled into the path of his oncoming van was unharmed but the 6 month old previously immaculate van was all scratched up from the bike. Car behind praised him for his quick reactions and admited she only just avoided going up the back of him as she hadn't seen the child at all.....what did the Mum have to say....not even a thank-you for not killing my silly child, no offer of payment, just a 'claim off your insurance' and walked off just like the woman did to the OP. Disgusting.

    In answer to the actual question though the OP needs to tell the insurance company as the kid and Mum are probably the sort to falsify an injury claim too so best be ready with the facts. But then just pay for the repairs yourself so it's noted on your record but no actual claim will be set against you. All in all this will cost you hundreds for something that wasn't your fault and you have my sympathy.
    Originally posted by EmmyLou30
    Your contempt for the well being of a little child is disgusting. You horrify me. Are there people like you driving around where I live? I hope not.
    • bris
    • By bris 4th Oct 17, 12:34 AM
    • 7,050 Posts
    • 6,050 Thanks
    bris
    When you get asked if you have ever had an accident even if it wasn't you fault in the last 5 years what are you going to say?


    If I was you I would let sleeping dogs lie. However if I was the childs parent I would say no problem I will cover your losses. just give me your insurance details and I will cover your excess. Need to keep it all legit you understand. You of course would pay for it for the next 5 years.
    • qwert yuiop
    • By qwert yuiop 4th Oct 17, 8:52 AM
    • 2,097 Posts
    • 1,217 Thanks
    qwert yuiop
    And what non-sense it is too, because when you consider the finance, the running costs and maintenance, £190 is probably quite a lot of money when your monthly payments are equivalent to or often in excess of your mortgage/rent.
    The stereotyped assumption that they have money to burn is just wrong.
    Originally posted by Strider590
    Would you run your life that close to the edge just to have a nice car? Not having a loose £190 somewhere strikes me as near poverty.
    • EmmyLou30
    • By EmmyLou30 4th Oct 17, 11:07 AM
    • 337 Posts
    • 402 Thanks
    EmmyLou30
    Your contempt for the well being of a little child is disgusting. You horrify me. Are there people like you driving around where I live? I hope not.
    Originally posted by qwert yuiop
    I'm not sure I said 'let's hope the kid was hurt, teach them a lesson' did I!? I said a child incapable of crossing a road safely shouldn't be out without parental supervision....if anything that's showing care and concern for the childs wellbeing.
    • qwert yuiop
    • By qwert yuiop 4th Oct 17, 11:14 AM
    • 2,097 Posts
    • 1,217 Thanks
    qwert yuiop
    You thought it was disgusting that a mother failed to pay for a slightly scratched van after her child had been knocked off his bike. I cannot believe anyone could be so contemptuous. Shameful.
    Last edited by qwert yuiop; 04-10-2017 at 12:29 PM.
    • Strider590
    • By Strider590 4th Oct 17, 12:45 PM
    • 11,622 Posts
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    Strider590
    Am I to understand that an incompetent parent shouldn't have to pay for their kids mistakes?


    “I may not agree with you, but I will defend to the death your right to make an a** of yourself.”

    <><><><><><><><><<><><><><><><><><><><><><> Don't forget to like and subscribe \/ \/ \/
    • treboeth
    • By treboeth 4th Oct 17, 1:03 PM
    • 898 Posts
    • 987 Thanks
    treboeth
    Am I to understand that an incompetent parent shouldn't have to pay for their kids mistakes?


    Originally posted by Strider590
    Oooh you in trouble now
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