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Child Keyed car, claim?

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Comments

  • foxy-stoat
    foxy-stoat Posts: 6,879 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    OP said his excess was £1000, sue for mis-selling as well?
  • Guest101
    Guest101 Posts: 15,764 Forumite
    150940 wrote: »
    For starters it's not their child.

    Legal guardian....
  • Guest101
    Guest101 Posts: 15,764 Forumite
    This isn't a negligence claim anyway. It's deliberate damage.
  • foxy-stoat
    foxy-stoat Posts: 6,879 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Criminal damage yes - child cannot be held liable to pay for the damage only parent or someone with parental responsibilities, if negligence is proved if civil proceedings are issued.
  • 150940
    150940 Posts: 153 Forumite
    Guest101 wrote: »
    Legal guardian....

    It's not as cut and dry as that.
  • 150940
    150940 Posts: 153 Forumite
    foxy-stoat wrote: »
    Criminal damage yes - child cannot be held liable to pay for the damage only parent or someone with parental responsibilities, if negligence is proved if civil proceedings are issued.

    Foster carer is unlikely to have that.
  • Retrogamer wrote: »
    Was a criminal court case or civil?
    What age was the child?
    Who was forced to pay?


    It was criminal court - I think the child was about 12. I'm not sure who paid, it was either the child or the parent(s). The child was already known to the police apparently and had been in trouble before.
  • mollycat
    mollycat Posts: 1,475 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I am absolutely astonished that the first thing anyone considers about this is going to the police / having their day in court to 'resolve' things. A child is in foster care, not because of the unfortunate accident where Mater and Pater were tragically killed on the slopes of St Tropez leaving little Tommy a rich orphan, but almost certainly because they come from a violent, abusive or neglectful home.

    I see you have two options.

    Option one - go to the police, social services and/or court. Have your day in court. Probably get nothing back. If you're lucky, and do get something back, you'll almost certainly convince either social services / or the carers or both to move the looked-after child on - to a new home. The child then learns that their behaviour can get them moved on, so they continue to key more cars as it becomes the ultimate expression of control. They flip-flop between short-term foster placements and children's homes until they become an adult, at which point they move from petty crime and drug/alcohol abuse to more serious crimes where people get badly hurt or worse.

    Option two - work with the carer and the child. Discuss ways you and they can help the child understand what they have done. Understand that the child's behaviour was founded in a painful / hurtful life totally different from your own upbringing, one that you very probably could never even imagine. Understand that this often manifests as different values which will only be reinforced by behaviour such as your expression of anger and upset. Understand that a positive intervention may only have 0.001% chance of changing behaviour in the child but that it's 10,000% better if it helps prevent another crime statistic later on.

    Yes, unfortunately you'll have to claim on your insurance - but that's what it's there for.

    I've got some ethical sandals that I made out of sawdust and goat's pish.....want to buy them?
  • mollycat wrote: »
    I've got some ethical sandals that I made out of sawdust and goat's pish.....want to buy them?
    No, you can keep your rubbish footwear.

    If you're referring to my post, I'm afraid I just don't subscribe to the "let the children die at the hands of their parents rather than intervene in case they might grow up and damage paint" point of view.
  • The age of criminal responsibility in England and Wales is 10 years old.

    Children between 10 and 17 can be arrested and taken to court if they commit a crime.
    They are treated differently from adults and are:
    • dealt with by youth courts
    • given different sentences
    • sent to special secure centres for young people, not adult prisons
    https://www.gov.uk/age-of-criminal-responsibility
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