Child Keyed car, claim?

joe25

Hi all,

Just looking for some advice where I stand legally as googled some mixed answers. Sorry in advance for long back story below

So I purchased a car back in June, then in July my car was keyed on pretty much every panel except 1 door and roof furious is not the word! Having no idea who did this, I didn't report it as no neighbors saw anything and there was no CCTV around, also working nights at 10 hour shifts its a pain to get to places during opening times or call etc and knowing the police nothing would have been done but waste my time.

Then almost 6 weeks ago where I was renting they have a foster child ( been there for approx 5 years+) now aged 11? Got caught vandalizing there own front door, upon questioning the carer found out it was the child that keyed my car. After talks with the carer I had to report it to police which I did now 5 weeks ago got a crime ref number and attitude from lady at front desk of the police station asking why I left it so long to report. After giving, details of child address name etc they still haven't been in contact with child about this 4 weeks on (and got attitude from the lady asking why never reported in first place after giving the details of who done it still have to chase them :mad:) finally get an email reply today.

stating due to his age if the case went to court I would not get money for repairs?! Then suggested going via my insurance.

Now my question is this actually true legally? As its criminal damage, and at a cost of £1700-2200 to repair how am I liable to pay this, even if I went via insurance my excess is £1000 plus Id lose no claims, and premiums would be risen for 1-5 years costing me more in long run! I'm not sure how to proceed as a course of action asking obviously for guardians to pay but as its such I high amount and according to the PC they don't have to, where do I go after? Small claims etc?

*note worthy, car is financed and don't have gap insurance and I know if the car is devalued a certain amount they are entitled to ask for the remainder of outstanding balance all at once ( another reason I don't want to go insurance route) as loan is secured against the value of the car.

Car is value £9000 approx.

Can't be buffed out as broken to the primer


Any guidance on this would be much appreciated.

150940

First what's the outcome of the police investigation?
What have they done with the child, caution, charge, community resolution or no further action?

Moto2

Who would you hope to claim from?
Social services?
I can't imagine the guardians are liable, they may be indemnified though

foxy-stoat

So your options are:

Leave it,
Get some quotes for local paint sprayers and pay it,
Claim on your insurance and pay the increased premiums and excess,
Wait until you have an accident and get the other panels repaired at the same time.

If you saw him do it, recorded it and showed the footage to his parents or guardians, you will be in the same position you are in now.

Take a read of the CAB web site and decide for yourself if you should take this futher:

https://www.citizensadvice.org.uk/law-and-rights/legal-system/young-people-and-the-law/

POPPYOSCAR

Moto2 wrote: »

Who would you hope to claim from?
Social services?
I can't imagine the guardians are liable, they may be indemnified though

What about the foster agency that placed the child?


They should be notified at the very least.


Perhaps they may even cough up, they make plenty of money!

joe25

So far from the phone call I had with police officer seems like they will just interview him and caution but again they seem to be dragging their feet with the interview so yet to find out.

I would claim from the foster carer / agency they have all legal parental rights over him so they must be liable ?

Honestly think all those options are unreasonable and can't see how that is legally right someone under age of 18 can cause criminal damage for a substantial amount, and not have to pay.

150940

joe25 wrote: »

So far from the phone call I had with police officer seems like they will just interview him and caution but again they seem to be dragging their feet with the interview so yet to find out.

I would claim from the foster carer / agency they have all legal parental rights over him so they must be liable ?

Honestly think all those options are unreasonable and can't see how that is legally right someone under age of 18 can cause criminal damage for a substantial amount, and not have to pay.

Here's your problem.

To be cautioned he has to admit it. Looks like he made a verbal admission to the carer so they cannot be the appropriate adult. So either social services or a children's service will have to act for him. They will therefore ask for a solicitor.
If the carer has not given a statement to the police, there is no evidence linking the child, even if they have its hearsay. The solicitor will instruct the child to go no comment and the police have no prosecution evidence.
He will walk away Scot free, you've no evidence linking him to the damage so any carers will not be liable for his actions.

Guest101

You would sue the legal guardian, which in this case sounds like the council.


This is civil and nothing to do with the police.


The criminal case is separate (though if he is cautioned for it, it will help your case)

martinsurrey

Guest101 wrote: »

You would sue the legal guardian, which in this case sounds like the council.


This is civil and nothing to do with the police.


The criminal case is separate (though if he is cautioned for it, it will help your case)

you can only sue the parent or guardian if they were negligent in ensuring the child did not do harm to others

https://www.citizensadvice.org.uk/law-and-rights/legal-system/young-people-and-the-law/

if this was the first time they've become aware of this type of behavior, you'll not get anywhere...

phill99

If the child had never admitted it you would be none the wiser and your only option would be to claim on your insurance or pay yourself.

foxy-stoat

joe25 wrote: »

I would claim from the foster carer / agency they have all legal parental rights over him so they must be liable ?

Honestly think all those options are unreasonable and can't see how that is legally right someone under age of 18 can cause criminal damage for a substantial amount, and not have to pay.

If the Foster Carer or Agency where negligent then they may have a case to answer to, proving it will be hard.

If your 12 year old was walking home from school and he threw rocks at a parked car and ran off, admitted it to you later on, then the owner of the car he damaged came knocking at your door with his hands open or threatening small claims court. What would happen? Around my way, the owner would come knocking with open hands or his own rocks to throw at my car if he didnt get the desired response.

I do not believe that you would be negligent in any way, therefor cannot be liable to re-emburse the poor sap for your child's actions. Your normal 12 year old wouldnt have £2000 to pay for the repairs.

There would be very little the poor sap can do apart from pay for the repairs, or get his insurance to pay but they would end up paying about the same in increased premiums and excesses. The police will say the same thing, claim on your insurance, its noones fault that you have a £1000 excess, increased premiums is the price you pay for claiming on your own insurance.

The only other way is if you can prove negligence then you could sue the Guardian, if they have approprate insurance under their home insurance.