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Child run into side of my car causing damage + small claims court

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  • apd100 wrote: »
    Izzy, why are you trying to understand the road you have no idea about. We drive on the left side of the road, he hit the left side of my car, no crossing a carriage way was required.

    so he hit the nearside then not the offside?
  • izzy65
    izzy65 Posts: 2,862 Forumite
    Tenth Anniversary
    so he hit the nearside then not the offside?

    Thank you :)
    The person who never makes a mistake never learns anything.
  • Aretnap
    Aretnap Posts: 5,752 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    apd100 wrote: »
    Regardless of it being an accident on the kids part, he has still caused damage to someones property to which his parents should be responsible for?
    Nope. Generally people are responsible for their own wrongdoing - nobody else's. Parents are not usually liable for damage caused by their children. At least, not legally. Morally some people might argue that they are - but if you're talking about the small claims court then you're talking about legal responsibilities, not moral ones.

    To claim against the parents you would have to demonstrate that the parents themselves were negligent in some way, for example by persuading the judge that a reasonable parent would not have allowed an 8-year old to play outside unsupervised. Don't think you'd get very far with that one.

    Alternatively you could file a claim against the child personally, but you might run into 2 problems:

    First, negligence on the part of a child is assessed on the question of whether they took the level of care that would be expected of a reasonable (8-year-old) child, which is obviously much lower than the level of care expected of a reasonable adult. It's difficult to prove negligence on the part of a child, and impossible in the case of very young children who have little or no concept of their actions' consequences.

    And second, an 8 year old child is unlikely to have £190 in his piggy bank, so even if your claim is successful you're unlilely to get paid (as above, the parents would have no obligation to pay on the child's behalf).

    Alternatively you could accept that !!!! happens and that you can't always demand that someone else pays for every bit of misfortune that befalls you in life, and put it down to experience.
  • societys_child
    societys_child Posts: 7,110 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 11 September 2017 at 6:15PM
    It's you that mentioned BMW.

    Seriously REPORT THIS NOW to your insurance company.

    I have first hand experience of an almost identical incident. Except I was stationary when the collision occurred.

    I'm trying to help you here!

    The first claim came 2 years later and continued for another 3 years. Various different solicitors - an amazing number of "new witnesses". It went on and on . . .

    Fortunately I had reported it at the time and my insurance company backed me all the way. Even handing it over to a law firm to defend. They spent a fortune on barristers and accident investigators. I couldn't have afforded that.
    Doubt they'd have done that if I'd not reported it.

    It's your choice.
  • apd100
    apd100 Posts: 17 Forumite
    I'm not intending to hide it from my insurers, I haven't told them for the same reason everyone here wouldn't.
  • apd100 wrote: »
    I'm not intending to hide it from my insurers, I haven't told them for the same reason everyone here wouldn't.



    That sentence makes no sense... You are intending and have hid it from your insurers
  • apd100
    apd100 Posts: 17 Forumite
    4515 aggressive non-helpful troll posts I'm assuming!
  • k3lvc
    k3lvc Posts: 4,174 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 11 September 2017 at 6:31PM
    apd100 wrote: »
    I'm not intending to hide it from my insurers, I haven't told them for the same reason everyone here wouldn't.


    In which case you'd better put on your best lucky pants and hope that the parent isn't tempted by one of the NWNF parasites. You'll have some serious explaining to do to your insurance company if they do :mad:

    Bear in mind that no-one here has anything to gain by giving you duff advice - whether you choose to listen or consider it trolling is up to you
  • apd100
    apd100 Posts: 17 Forumite
    Anyway, thanks to the people who have took time to genuinely ADVISE me, afterall, all I asked was if a small claims court was the right solution. Have a good day to you guys!
  • apd100
    apd100 Posts: 17 Forumite
    Can clearly tell who was bullied at school here.
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