Car damaged by school children - who pays?

cheekymonkeytoo

I have a friend whose car has been damaged (broken window and scratches) by children in their school playground who threw stones at her parked car and broke her window and damaged the car. Cost of repair is over £300. School said children were in an area they shouldnt have been too and know who it was (2 children).

They werent properly supervised and school says she needs to claim on her car insurance, and parents not looking like paying at all either as say presumably schools fault.

My friends doesnt know what is the best route for getting the damage paid for nor who should pay for it. Everyone saying sorry but she has to pay for her own repair even though not her fault,

Any advice most welcome please.

rs65

Very similar here

https://forums.moneysavingexpert.com/discussion/5451246

jobdone1

If me i would send a letter before action

teddysmum

Children are minors, so cannot be made responsible. The parents were not present or failing to control their children,so they are not to blame. if two children go into an area where they shouldn't be is not really the responsibility of the school,as staff are very restricted in ways they can control children and can hardly leave a groupof 20 or 30 to retrieve those two who are being kept safely within the school's boundaries.


It looks as though the lady will either have to pay herself or use her insurance, but the latter willlikely cost on her future premioms.


Having had an accident,last week, which was not my fault, I have been reading items on insurance claims.


Some insurers put up the premiums after any no fault claim (even if they fully recover costs) ,some do so only if the fault costs them as there is no party to chase (eg a tree falling during a storm- this case would be one of these?),some after allowing a couple of no faults and some don't penalise for them.

cheekymonkeytoo

Thank you for replies so far including links to previous posts, most helpful.

Suitable outcome seems to suggest that the school should have reported the incident to the education legal department at the council, and potentially a claim can be made under their public indemnity insurance in theory.

Don't see why my friends should pay. They may be children causing the damage but they were under the care of the school.

I will post the results of what happens in the end so others can see this.

Thanks

HappyMJ

cheekymonkeytoo wrote: »

Thank you for replies so far including links to previous posts, most helpful.

Suitable outcome seems to suggest that the school should have reported the incident to the education legal department at the council, and potentially a claim can be made under their public indemnity insurance in theory.

Don't see why my friends should pay. They may be children causing the damage but they were under the care of the school.

I will post the results of what happens in the end so others can see this.

Thanks

Your friend isn't paying. Your friend is claiming on her insurance. The insurer will determine liability but no matter what will repair the damage caused.

teddysmum

HappyMJ wrote: »

Your friend isn't paying. Your friend is claiming on her insurance.

But, as I mention above, even a no fault claim can affect future premiums.

Quentin

teddysmum wrote: »

But, as I mention above, even a no fault claim can affect future premiums.

Any claim will be a 'fault' claim unless the insurer gets fully reimbursed by someone all their outlay.

teddysmum

Quentin wrote: »

Any claim will be a 'fault' claim unless the insurer gets fully reimbursed by someone all their outlay.

But my point is that some companies raise the premium even if it costs them nothing .


Admiral admitted to this, last year, in an interview with the This is Money website. (They reckon that everyone who has any problem is statistically more likely to make a fault claim in the future- Of course, you can manipulate statistics to show whatever you please.)