Child on bike damaged my car. Advice

Haza

Hi

I need some advice. A child side swiped my stationary car on their bike in front of their father. The child was fine and went happily to their gym class. I suggested that they check with their house our other insurance policy to see if they are covered. We exchanged details and I took pictures of the sceen and damage and went to get estimates for the damage.

The father is now refusing to pay anything saying he is not liable for his child's actions?

I don't want to claim on my insurance as the last time I did for another incident my premium went up despite having protected NCB for over 9 years. Why should I have to pay twice for something that is clearly not my fault.

Any sensible advice on how to proceed?

Tigsteroonie

How much will the damage cost to repair?

An aside: I cycled into a vintage Morgan when I was ten years old, broke the tail-light. I was reprimanded by my parents, and had to pay for half of the repair cost from my own pocket money savings, my parents paying the other half.

Quentin

Haza wrote: »

I don't want to claim on my insurance as the last time I did for another incident my premium went up despite having protected NCB for over 9 years. Why should I have to pay twice for something that is clearly not my fault.

Any sensible advice on how to proceed?

If you don't want to claim then pay yourself (but why pay for comprehensive cover and protected NCD and not claim if it's cost effective?)

Aretnap

The father is correct - he is not liable for his child's actions. Many people might feel a moral obligation to pay in his shoes - but it's a matter of good manners rather than legal liability.

In theory you could sue then child, but (a) you'd have to prove that his standard of care fell below that expected of a reasonable child, which is lower than the standard expected of an adult and (b) his pocket money might not be enough to pay for the damage, even if you won.

Sensible advice? If it's minor damage fix it yourself, if it's major damage claim in your insurance. It's certainly annoying, but I'm afraid it's just one of those things.

Haza

Thanks for the comment. The damage is about the same as my excess, just over £600. So not sure its worth taking a hit on long term premiums increase.

The only thing I can note is the child bike break blocks looked very warn, would this be grounds for neglected? How can I get this independently investigated?

[Deleted User]

The (sic) "warn break" blocks make not a 'hapeth worth of difference unless you seriously intend to sue the child!
As if you'd ever be able to get them independently inspected!

Take the advice given at post #4

Biggles

Moneyineptitude wrote: »

The (sic) "warn break" blocks make not a 'hapeth worth of difference unless you seriously intend to sue the child!

" 'hapeth" (sic)?
;-)

magpiecottage

The father would be liable if he failed to supervise his child properly AND the damage was a reasonably foreseeable possible outcome of that failure.

Proving it is a completely different question, though.

stator

I'd be tempted to engage a solicitor to write a letter at the very least.

If the father was watching the child and allowing them to play near your car, then I think you have a good case.

[Deleted User]

stator wrote: »

I'd be tempted to engage a solicitor to write a letter at the very least.

That will clearly add even more to the £600 damage bill and is unlikely to result in any payment by the parent who has already stated that he knows he is not legally liable for his child's actions.

Do you realise how much such a letter will cost?

Biggles wrote: »

" 'hapeth" (sic)?
;-)

Half penny worth ..misplaced the apostrophe

ERICS_MUM

In reality it's very difficult to insure oneself against absolutely everything that might happen to belongings/property. There will be occasions when the owner will fail in their attempts to claim all costs, expenses and sometimes compensation from the other party. That's life.