Child Keyed car, claim?

straighttalker

joe25 wrote: »

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.

You're well within your rights to sue the minor in the civil courts if you feel so aggrieved. The child was the one who caused the damage so sue them. Even if you get judgment, how are you going to enforce against a child?

In reality you're either going to have to pay for the repairs yourself or claim from your own insurer.

Retrogamer

To sue for your damages you would need to find an adult that was negligent. The child is too young to sue as they're usually deemed unpredictable at that age in civil courts.

Even if you were somehow able to sue the child, it's likely they have no money or assets so you wouldn't get any money from them in the unlikely event you were successful.

You can't expect adults to keep their children indoors and / or supervised at all times so it's unlikely you could prove they were negligent.

They're (IIRC) also under the age of criminal responsibility.

150940

Retrogamer wrote: »

To sue for your damages you would need to find an adult that was negligent. The child is too young to sue as they're usually deemed unpredictable at that age in civil courts.

Even if you were somehow able to sue the child, it's likely they have no money or assets so you wouldn't get any money from them in the unlikely event you were successful.

You can't expect adults to keep their children indoors and / or supervised at all times so it's unlikely you could prove they were negligent.

They're (IIRC) also under the age of criminal responsibility.

No, they're not.

TonyMMM

Many parents would feel morally responsible for the actions of their children, negligence wouldn't come into it for a lot of people.

HappyMJ

I would just claim against insurance. You don't have any evidence the child did this. As has been said any solicitor would advise the child to say no comment to questions and then it's up to you to prove the child did it. You can't do that so you can't claim against the child or their carer.

Even if the child did incriminate themselves in the police interview it wouldn't really be in the public interest to prosecute a child for this offence.

joe25

Great thanks for clearing it up. If child admitted it to police during the interview would I have grounds to sue carer? successfully of course

Retrogamer

joe25 wrote: »

Great thanks for clearing it up. If child admitted it to police during the interview would I have grounds to sue carer? successfully of course

Very unlikely.
You would need to prove the carer was negligent.

thescouselander

We had a similar situation where a child of about the same age kicked the wing mirror of my wife's car. One of our neighbours apprehended the child on the spot and the police came and took them away. Ultimately it went to court and we were awarded compensation by the Judge - it was paid out too!

Retrogamer

thescouselander wrote: »

We had a similar situation where a child of about the same age kicked the wing mirror of my wife's car. One of our neighbours apprehended the child on the spot and the police came and took them away. Ultimately it went to court and we were awarded compensation by the Judge - it was paid out too!

Was a criminal court case or civil?
What age was the child?
Who was forced to pay?

Guest101

martinsurrey wrote: »

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...

That link does not clarify that point at all.


And negligence in such a case is quite simple. Did you know where your child was? No. Well you should have.