Money Moral Dilemma: Should neighbour pay as her son smashed the window

DKLS

Small claims court. Job done

meurigjones

Yes, the neighbour should pay.

Having said that, following it up will probably end any decent sort of relationship you may have with your neighbour, so this should be considered before taking any further action.

However, if she doesn't pay, then you are the one left with a bad taste in your mouth, so the relationship factor has already been soured.

Therefore, my preferred course of action would be to, like another correspondent has suggested, write a formal note, detailing the events (date, time, damage, cost etc), and ask her for her proposals as to how she can redress the situation.

You could suggest that her son washes your car weekly for 10 weeks, or washes your windows, or other such deed. This way, your relationship with her although presently damaged, will probably repair itself and ultimately may even improve!

If you have no luck this way, then the next, and (most drastic) final course of action would be the small claims court. Time-consuming and a nuisance, you are almost guaranteed to win though, although the payments from her might be as low as £2.00 or so a week.

I hope this is helpful to you.

RMJ

trose_2

Afraid I don't have any advice on exactly what to do - really depends on your relationship with the neighbour and their circumstances, but just wanted to point out to people commenting on insurance premiums rising etc. that, if the claim was made under the "windscreen" part of the motor policy, which covers all windows, this should NOT affect your No Claims Bonus or future premiums.

Also, if the neighbour claims under the personal liability section of their household policy, it is extremely likely they will have an excess much higher than £50, and their future premiums (and even possibly their choice of insurers) will be affected.

Personally, depending on the child's age, I agree the best route may be to make the child "pay" in some other way, just to make him aware of the consequences of his actions, albeit they were accidental.

richardvc

Yes she should pay - where's the dilemma ?

I guess it's making her pay !!!!!!

Amber_47

Too many are missing the point of this MMD. As pointed out it is a straight request as to what to do not who should pay.
The neighbour obviously regrets the son's actions but also has said they cannot afford any payment. If they are on a low wage perhaps having a chat with them explaining your situation and a possible solution would be a way forward?

In the background however, as many state, is the ominous shadow of the insurance company and like any business that makes a profit they could soon be looking at recovering their 'loss'.

This makes things very awkward as probably there is a way to seek repayment for the outlay 'in kind' by asking if the parent would be willing to let the child carry out some small tasks like washing the car.

Once the insurance company steps in there is no way back and probably the friendship between neighbours could be destroyed regardless of possible solution.

As my late father said '...the best you can do is inform the parent the matter is in the hands of the insurance and things are okay from your point of view...'. If the insurance company chose to claim from your neighbour or not, your conscience is clear, although it is irritating you are short £50. That unfortunately is a cost many have to 'grin and bear'.

If it were a criminal act how many are upset at the same cost yet dismiss the matter more trivially as the perpetrator is usually never caught?

K0zb0

<rant> I’ve spent some time browsing the MSE forums but never found the need to sign up....until now!

you people are absolutely BARMY! Have none of you ever damaged anything or had an accident! I’ve had tons of my stuff damaged etc and no one has ever offered to pay for it!

It’s completely unreasonable to expect everyone in the world to accept responsibility when 99 times out of a hundred it's just circumstance!

I agree with an earlier post that suggests the person should accept that parking outside of their private property carry’s a certain risk!

In fact it's obnoxious to think you have a god given right to park safely on the street! I don’t know the exact circumstances but you didn’t suggest that the child was misbehaving so I say the lad had as much of a right to be playing football outside as you did to park your car!

Re tryfive your crazy! You seem to be suggesting that if the neighbour’s son had accidentally burnt there house down that the neighbour should pay for the damage? What if that damages was a 6 figure sum? My point is that this is what insurance is for! If all your arguments rang true we wouldn’t need insurance and we would all be £100 better off.

Your arguments are very American! This country is supposed to be tolerant, it’s an equal blame situation, did the football get damaged in anyway? Is the child traumatised? Does he need counselling and is there a personal injury clam lurking here? In fact, will the child every make a full psychological recovery?
Come on guys its a broken window and £100, it would be nice if the neighbour offered to pay but if she doesn’t DO NOT HOLD IT AGAINST HER AND DO NOT FALL OUT! It’s a qwerk of life and your all wrong to be so pointed. </rant>

maris7

Hi

I'm a broker and just to advise from the insurer view they are very unlikely to pursue anything back from your neighbour under your motor insurance as it won't be worth the cost to investigate for just a windscreen claim. If it were for more expensive damage they would.

In terms of her public liability on the home insurance you can't make a claim on it as only the policy holder can do so. She would only be able to claim through it if a solicitors/insurers letter turned up on her doorstep holding her liable.

Legal Expenses on yours could be an option if you want to pursue it that way - most home cover will have a free legal advice line as well.

She should definitely be responsible but I would reiterate some of the other options such as intalments or odd jobs

Pilotfield

If the neighbour has household insurance he can claim on the Personal Liabilities section.

maris7

Pilotfield wrote: »

If the neighbour has household insurance he can claim on the Personal Liabilities section.

Usually only if they receive a formal letter holding them liable and confirming that they will pursue a claim against them

BNT

kneelbeforezod wrote: »

To my reading the OP says that her neighbour told them it was an accident. Unless the OP witness the whole event unfolding they only have her word for it. Given the neighbour's moral vacuum over responsibility (and their attribution of responsibility = paying) who knows if she was telling the truth - after all, with most parents the sun seems to shine permanently out of their children's backsides

But the OP is silent on who told him that it was an accident. It says straight up that he accidentally broke it; it doesn't say that her neighbor told him. It does not exclude the possibility that he saw the incident. We don't know. Just as we don't know that the neighbor has a moral vacuum. Those assumptions are not unreasonable, but would need to be validated before taking a moral stance on what to do next.