help please

june1970_2

not sure where to put this but i need help.

My son hit a window of a toy shop when he fell off his bike and he has cracked the window.

Shop has had a quote and she has said it will be around £4000 as they have to romove shutters etc to get the windows out.

She is not willing to claim on her insurance as it will put her premiums up.

HELP as we do not have that kind of money.

Spikey_2

june1970 wrote:

not sure where to put this but i need help.

My son hit a window of a toy shop when he fell off his bike and he has cracked the window.

Shop has had a quote and she has said it will be around £4000 as they have to romove shutters etc to get the windows out.

She is not willing to claim on her insurance as it will put her premiums up.

HELP as we do not have that kind of money.

How old is your son....? How did it happen?

june1970_2

he is 13yrs he was on his bike trying to get past some people on the path ( i have told him a hundred times to get off his bke) when he clipped a post and fell off his bike which caused his bike to hit the glass.

She has now said she would claim off her insurance and for me to pay the £100 excess and she also said that the insurance would claim the money off us, but we do not have that kind of money.

She also wants us to pay the difference if her premiums go up.

BargainHunterCat

As far as I know, because your son is under 18 the shop owner will have trouble forcing you to pay for it.
Children are not considered responsible for their actions and as this was clearly an accident, and there was no negligence or criminal activity involved, I don't believe you will be legally obliged to pay anything although the shop owner and her insurance company may try to convince you otherwise.
I would get some legal advice from your local CAB or a solicitor before agreeing to pay anything or handing over any cash.

Spikey_2

june1970 wrote:

he is 13yrs he was on his bike trying to get past some people on the path ( i have told him a hundred times to get off his bke) when he clipped a post and fell off his bike which caused his bike to hit the glass.

She has now said she would claim off her insurance and for me to pay the £100 excess and she also said that the insurance would claim the money off us, but we do not have that kind of money.

She also wants us to pay the difference if her premiums go up.

I am sure that other's will respond to this but I would personally get legal advise... most firms do the first 1/2 hour for free.... Businesses accept liabilities for damages that is what insurance is for.... as he is a minor and an accident I would not speak to the shop-keeper again until you got the legal advise.

If you part of a union or some household insurance offer free 24 hours legal
assistance that may be an option.

Another option and always good one is your Local CAB (Citizens Advice Bereau)..

Is this a private shop or a chain etc?

Spikey_2

BargainHunterCat wrote:

As far as I know, because your son is under 18 the shop owner will have trouble forcing you to pay for it.
Children are not considered responsible for their actions and as this was clearly an accident, and there was no negligence or criminal activity involved, I don't believe you will be legally obliged to pay anything although the shop owner and her insurance company may try to convince you otherwise.
I would get some legal advice from your local CAB or a solicitor before agreeing to pay anything or handing over any cash.

Ditto........ u beat me to it... slow typer...even slower brain...lol

grumpyoldgit_2

Do you have home insurance?
If so check for public liability cover - you may find you are covered for events such as this. In any event if you do have insurance - advise them of the circumstances as it sounds like the shopkeeper is determined to claim.
GoG

june1970_2

thank you very much, i will get some advice tomorrow.

Spikey_2

june1970 wrote:

thank you very much, i will get some advice tomorrow.

Please let us know what happens and if you need any more help....

Spikey

Joe_Bloggs

It would make very poor publicity if the toy shop owner tried to sue a child or their parents . Having said that the child could have cracked a part of a young childs body in a buggy instead of a window. You may be advised never to admit liability where pending legal action is a factor.
I would have your son own up to the incident and come to an arrangement with the shop owner where they can get some publicity for the shop and have your son deliver/hand out leaflets in a responsible way.
J_B.

Bun

I can't give any practical advice other than that this is surely penalising your son for owning up? If push comes to shove do they have evidence? Had it been an anonymous accident she would have had to pay up. Her insurance is for this very purpose - unless it is malicious I would not imagine anyone having to stump up 4k for a window. If he was shoved by someone else (which he could have been going past) it would be the fault of the person who went into hi. I would go to the CAB and see what they say.
Good luck in this.