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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 7
    • Stoke
    • By Stoke 4th Oct 17, 1:10 PM
    • 1,998 Posts
    • 842 Thanks
    Stoke
    Ultimately, it's the kids responsibility....... it must be great being a parent these days. Your kids can do what the !!!! they want and nobody blames you
    • facade
    • By facade 4th Oct 17, 1:16 PM
    • 2,930 Posts
    • 1,493 Thanks
    facade
    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.
    Originally posted by qwert yuiop
    If you have a loose £190 just knocking about, send it to me, in fact if all of you send me a loose £190 I would be very grateful indeed

    Come on folks, prove you aren't living near poverty


    (I will of course donate it to charity, after deducting relatively small but unavoidable expenses.......)
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science )
    • qwert yuiop
    • By qwert yuiop 4th Oct 17, 1:32 PM
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    qwert yuiop
    Looks like you're to understand that no child ever does anything stupid and my paintwork is more important than your child. Pretty disturbing stuff.
    • qwert yuiop
    • By qwert yuiop 4th Oct 17, 1:36 PM
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    qwert yuiop
    If you have a loose £190 just knocking about, send it to me, in fact if all of you send me a loose £190 I would be very grateful indeed

    Come on folks, prove you aren't living near poverty


    (I will of course donate it to charity, after deducting relatively small but unavoidable expenses.......)
    Originally posted by facade
    If you haven't got a loose £190 somewhere, you can't afford any car, never mind an "immaculate" one. As for an "immaculate" BMW....yoicks.

    Yea, an inability to find £190 in an emergency seems like a reasonable definition of poverty to me.

    There is such a person as a high earning pauper - usually someone earning good money who had an idea above their station as far as houses go, and ended up with a £7000 a month mortgage on an income of £7500.

    Have you really not got access to a couple of hundred quid if you're in full employment? And haven't blown all your income on crystal meth or something?
    Last edited by qwert yuiop; 04-10-2017 at 1:44 PM.
    • qwert yuiop
    • By qwert yuiop 4th Oct 17, 1:55 PM
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    qwert yuiop
    [QUOTE=Strider590;73115528]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


    Unless these BMWs are ending up getting seized and auctioned by the banks, these buyers can afford them. Whether they can afford to get them repaired when their careless driving runs them into bother (and pedestrians) seems to be another matter.

    Interestingly, it's well recognised by cyclists and motorcyclists that prestige vehicles are often driven with murderous intent. Perhaps the owners are stressed out with financial worries.
    Last edited by qwert yuiop; 04-10-2017 at 3:47 PM.
    • treboeth
    • By treboeth 4th Oct 17, 6:00 PM
    • 927 Posts
    • 1,034 Thanks
    treboeth
    [QUOTE=qwert yuiop;73215210]
    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


    Unless these BMWs are ending up getting seized and auctioned by the banks, these buyers can afford them. Whether they can afford to get them repaired when their careless driving runs them into bother (and pedestrians) seems to be another matter.

    Interestingly, it's well recognised by cyclists and motorcyclists that prestige vehicles are often driven with murderous intent. Perhaps the owners are stressed out with financial worries.
    Originally posted by Strider590
    Really

    That`s a brave thing to post without backing it up with evidence.
    I wonder how many on this forum that drive prestige vehicles are part of this allegedly murderous mob.


    I recognise that the moon is made of cheese (saw it in a book once) but I also recognise that this may have absolutely no factual basis.
    • BeenThroughItAll
    • By BeenThroughItAll 4th Oct 17, 6:23 PM
    • 4,614 Posts
    • 4,041 Thanks
    BeenThroughItAll
    [QUOTE=qwert yuiop;73215210]
    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


    Unless these BMWs are ending up getting seized and auctioned by the banks, these buyers can afford them. Whether they can afford to get them repaired when their careless driving runs them into bother (and pedestrians) seems to be another matter.

    Interestingly, it's well recognised by cyclists and motorcyclists that prestige vehicles are often driven with murderous intent. Perhaps the owners are stressed out with financial worries.
    Originally posted by Strider590
    Yet another one of those gross and unsubstantiated generalisations you are so fond of.

    I'm a cyclist and motorcyclist, and I don't support your view at all.

    In fact, if you can cope with the rupture this will doubtless cause in your space-time continuum... I have owned and driven many 'prestige' vehicles, and yet I have never once felt the desire to murder anyone.

    Mind blown.
    • qwert yuiop
    • By qwert yuiop 4th Oct 17, 6:56 PM
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    qwert yuiop
    So you've never heard the expression "volvoed" referring to having been run off the road by an entitled (although apparently financially straitened) member of the bourgeoisie? Of course it's a generalisation- it's a running gag among motorcycling friends. A bit like white van man.
    How would you know if your time space continuum had been ruptured? Press your groin and cough violently?

    By the way, wouldn't you say that claim that 95% (or maybe 99%) of expensive cars are bought on credit, is horlicks?

    Another by the way, what other gross and unsubstantiated generalisations have I produced? Or is that a gross and unsubstantiated generalisation?
    Last edited by qwert yuiop; 04-10-2017 at 7:08 PM.
    • BeenThroughItAll
    • By BeenThroughItAll 4th Oct 17, 7:12 PM
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    BeenThroughItAll
    So you've never heard the expression "volvoed" referring to having been run off the road by an entitled (although apparently financially straitened) member of the bourgeoisie? Of course it's a generalisation- it's a running gag among motorcycling friends. A bit like white van man.
    How would you know if your time space continuum had been ruptured? Press your groin and cough violently?

    By the way, wouldn't you say that claim that 95% (or maybe 99%) of expensive cars are bought on credit, is horlicks?

    Another by the way, what other gross and unsubstantiated generalisations have I produced?
    Originally posted by qwert yuiop
    Volvo drivers now? I've owned a few of those too, and yet weirdly managed to avoid killing any motorcyclists, cyclists, or nuns with baskets of kittens.

    I have no idea how many expensive cars are bought on credit, but the national statistics these days suggest that around 75% of new cars are bought using PCP, so it's going to be a reasonable number albeit nowhere near 95%. Even if they are on credit, it's doubtful that the owners are all, or even in the majorit, on the brink of financial ruin.

    Your assertion that not having a couple of hundred quid lying around means poverty, or that one can't afford any car are both generalisations I find difficult to support. There are plenty of people with no savings who are otherwise perfectly capable of running a car and living a comfortable lifestyle - without money lying around the house.

    I'm not saying that's a good way to run one's finances, but it is a reality for many, many people.
    • matttye
    • By matttye 4th Oct 17, 7:16 PM
    • 4,727 Posts
    • 2,982 Thanks
    matttye
    https://www.inbrief.co.uk/child-law/child-accidents-compensation-liability/

    Liability of Parents and Carers

    In England and Wales, parents or carers are not liable for the damage that their children cause, although they may feel a moral responsibility. For instance, you decide to get your neighbour’s window glass replaced when it has been broken by your child’s ball.
    But this does not mean that the parents (or carers) are personally negligent in not properly controlling the children. The fault is then theirs in failing to prevent an accident. In the case of a young child accompanied by an adult, it could be that the adult would be held wholly or partly responsible.
    If the child was escorted by a responsible adult at the time of the accident, it may be possible to take legal action against the adult, if it can be shown that the adult acted neglectfully by failing to oversee the child properly. For instance, a parent who does not control children in a car, to the disadvantage of other road users, will also be held responsible.
    Even if the child was not escorted by an adult, it may be possible to take legal action against an adult for failing to oversee the child at the time of the accident.
    What will your verse be?

    R.I.P Robin Williams.
    • qwert yuiop
    • By qwert yuiop 4th Oct 17, 7:19 PM
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    qwert yuiop
    Is it not traditional to have a few quid wrapped up in a sock under the mattress just for unforeseen problems like the above? Almost a cliche? Or the pensioners favourite of the teapot on the mantelpiece, the burglar's first port of call?
    My Presbyterian neighbour used to keep his money in the fridge, because "no one would think of looking there". As a non- drinker, it hadn't occurred to him that the burglar, who broke in and found nothing worth stealing, went to the fridge and took it, probably because he thought there might at least be a couple of bottles of beer there. That's what the policeman told him, anyway.
    • qwert yuiop
    • By qwert yuiop 4th Oct 17, 7:26 PM
    • 2,136 Posts
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    qwert yuiop
    [QUOTE=BeenThroughItAll;73216849]Volvo drivers now?

    Motorcycle magazines often use the term "Volvoed".

    I have no idea how many expensive cars are bought on credit, but the national statistics these days suggest that around 75% of new cars are bought using PCP, so it's going to be a reasonable number albeit nowhere near 95%. Even if they are on credit, it's doubtful that the owners are all, or even in the majorit, on the brink of financial ruin.

    Yea, it's guff.

    I'm not saying that's a good way to run one's finances, but it is a reality for many, many people.

    Well, of course it's not, but I'd call that uncomfortably close to the edge. I know I'd be sticking to the bike if things were that tight. You make your choice.
    • neilmcl
    • By neilmcl 4th Oct 17, 7:39 PM
    • 10,285 Posts
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    neilmcl
    Qwert yuip, can you please learn how to quote correctly, if you're going to cut out excerpts of a quote then make sure you terminate the quoted text correctly with the [/QUOTE] tag. You've done this at least twice now and so when your post is subsequently quoted itself nobody can see who's posted what.
    • qwert yuiop
    • By qwert yuiop 4th Oct 17, 7:52 PM
    • 2,136 Posts
    • 1,248 Thanks
    qwert yuiop
    Qwert yuip, can you please learn how to quote correctly, if you're going to cut out excerpts of a quote then make sure you terminate the quoted text correctly with the
    Originally posted by neilmcl
    tag. You've done this at least twice now and so when your post is subsequently quoted itself nobody can see who's posted what.[/QUOTE]

    Yea, well, it's tricky on an iPhone when you're cycling in the dark and a bit long sighted. It'll improve when I get home. Sorry.
    • GothicStirling
    • By GothicStirling 4th Oct 17, 8:31 PM
    • 985 Posts
    • 725 Thanks
    GothicStirling
    Why would you decline to do the right thing?
    Originally posted by apd100
    The right thing to do would have been thankful that the little boy had no more than a few bruises, and thank your lucky stars that his Mother isn't the one threatening you for being negligent. The right thing to do would have been instead of demanding £190 from his parents, is have gone around and asked them how their son was doing, and took him a tub of sweets as a way of an apology.

    Grow up, and admit you're trying to save your own !!!.
    • qwert yuiop
    • By qwert yuiop 4th Oct 17, 9:05 PM
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    qwert yuiop
    The right thing to do would have been thankful that the little boy had no more than a few bruises, and thank your lucky stars that his Mother isn't the one threatening you for being negligent. The right thing to do would have been instead of demanding £190 from his parents, is have gone around and asked them how their son was doing, and took him a tub of sweets as a way of an apology.

    Grow up, and admit you're trying to save your own !!!.
    Originally posted by GothicStirling
    Precisely. A very close call that could have ended in disaster. The boy was very lucky and so was the driver.

    Say no more and drive carefully.
    Last edited by qwert yuiop; 04-10-2017 at 9:10 PM.
    • qwert yuiop
    • By qwert yuiop 4th Oct 17, 9:29 PM
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    qwert yuiop
    There was an incident near here many years ago where a driver fell asleep at the wheel (presumably, in the middle of the night) and drove through a hedge into an orchard, knocking down a couple of apple trees and killing himself. The wealthy farmer presented the bill for two new trees with the widow before the funeral had been held. (Funerals here are generally only two or three days after the death.)
    He didn't make himself very popular with that move. It's still talked about occasionally.
    • Stoke
    • By Stoke 5th Oct 17, 11:38 AM
    • 1,998 Posts
    • 842 Thanks
    Stoke
    There was an incident near here many years ago where a driver fell asleep at the wheel (presumably, in the middle of the night) and drove through a hedge into an orchard, knocking down a couple of apple trees and killing himself. The wealthy farmer presented the bill for two new trees with the widow before the funeral had been held. (Funerals here are generally only two or three days after the death.)
    He didn't make himself very popular with that move. It's still talked about occasionally.
    Originally posted by qwert yuiop
    Ahh right I see...... Hate to sound like a horrible conservative here, but wasn't the farmer entitled to his orchard and private land not being trashed?
    • AdrianC
    • By AdrianC 5th Oct 17, 11:57 AM
    • 15,717 Posts
    • 14,030 Thanks
    AdrianC
    There was an incident near here many years ago where a driver fell asleep at the wheel (presumably, in the middle of the night) and drove through a hedge into an orchard, knocking down a couple of apple trees and killing himself. The wealthy farmer presented the bill for two new trees with the widow before the funeral had been held. (Funerals here are generally only two or three days after the death.)
    He didn't make himself very popular with that move. It's still talked about occasionally.
    Originally posted by qwert yuiop
    <shrug> Bill -> insurer.
    • qwert yuiop
    • By qwert yuiop 5th Oct 17, 12:10 PM
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    qwert yuiop
    Ahh right I see...... Hate to sound like a horrible conservative here, but wasn't the farmer entitled to his orchard and private land not being trashed?
    Originally posted by Stoke
    Yes, of course. He could probably have left it a while though? Like a few more days, let her get him buried? He was barely cold.
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