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Child run into side of my car causing damage + small claims court
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The person who never makes a mistake never learns anything.0
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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?
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.0 -
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.0 -
I'm not intending to hide it from my insurers, I haven't told them for the same reason everyone here wouldn't.0
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4515 aggressive non-helpful troll posts I'm assuming!0
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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 you0 -
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!0
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Can clearly tell who was bullied at school here.0
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