Child run into side of my car causing damage + small claims court
Comments
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I thought you had to report this sort of incident to your insurance company, whether you intend to claim or not.0
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You do. There's a risk that if you don't and a third party subsequently declares it, your insurance could be cancelled. If people think premiums might rise with a notified incident, try seeing what insurance costs if you've ever had insurance cancelled or declined...Rags2riches wrote: »I thought you had to report this sort of incident to your insurance company, whether you intend to claim or not.
In many cases, notifying your insurer of an incident and not making a claim makes no or only a slight difference to the premium. Not always, but the fear of increased premiums seems exaggerated whereas the risks are downplayed.0 -
Well, that's all a bit of a tantrum-fest...
There's no point in actually claiming from the insurer. Your excess is likely to be very close to the cost, if not above it.
OTOH, given that it's a child that's injured, I'd definitely be informing the insurers for future reference, and making sure the names and addresses of the witnesses are noted. The likelihood of the mother deciding in the future that there's a payout available is reasonably high.
Yes, you can take it to small claim. Whether you'll win or not is another question, as is whether any judgement will be enforced without a disproportionate amount of hassle.0 -
A similar incident happened to me in the late 80's, when I was a workshop foreman road - testing a car. The fault was reported as happening at low speed, ascending and then descending a hill. There was a hill that suited the situation perfectly in the village, so I drove slowly up to the crest. A boy I discovered to be 10 years old, ran out without looking and struck the offside wing of the car, denting it as I found later. I saw him coming and stopped, as I was already driving slowly. I jumped out and ran to the boy, fearing that he was hurt, but he was only bruised, had not fallen. There were several witnesses including his parents, whom I knew. They were more concerned with telling the boy off for hitting the car, but I had kids myself and said that no one can judge what they are going to do from one moment to the next, at that age.
The worst part? The car belonged to a police officer! I found the fault, cured it, but not before informing the garage business insurer. They listened and noted it, later photographed the slight dent, and thanked me for reporting it, in case the parents had second thoughts and sued the garage. When the PC came to collect his car, we had repaired the damage. He was unbothered by what had happened, actually a bit amused: as he said, it had been covered by our own liability and as long as the boy was unhurt, no harm done.
My main concern, then and later, was that the boy was unhurt. I went to see the family after work and they were fine about it. Apparently the boy had been regaling his pals with the story and had gained a short period of fame!
So I advise you to report this to your insurance and realise that your post appears to make more of the damage to your car, than to any possible hurt to the boy. That is probably a long way from the truth and not how you wished, but it is how it appears.
I couldn't care less that you were driving a BMW, by the way.I think this job really needs
a much bigger hammer.
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Glentoran, if you have nothing of any value to say, take it elsewhere please.
Please not another Kraken-type thread. What you mean is if we have anything to say that you don't agree with, bigger off.
You will be committing insurance fraud if on the date of your next renewal you say "No" to the question, "Have you had an accident regardless of fault in the last "X" years."
In the meantime, if you don't tell them you are likely to be in breach of contract and they can withdraw their cover which will leave you only being able to insure yourself through specialist insurers for megabucks.
If I were the child's mother, on receipt of the letter, I would be calling your insurers to make sure they were aware of the incident, by saying there was an accident invoilving your car and her child and you would be in hot water.
Put it down to experience. For the sake of £190, though I'm amazed you can get a bodyshop to do a repair on the scale you suggest for that money.
Perhaps you could do Moneysavers a favour and tell everyone where this supercheap and good body shop is.0 -
Oh, God...please don't ask this. You-know-who will come on and start raging about a certain bodyshop with which he's got a grievance.Mercdriver wrote: »Perhaps you could do Moneysavers a favour and tell everyone where this supercheap and good body shop is.0 -
Oh and good luck suing a child that is below the age of legal responsibility. You have no grounds to sue even if he did it deliberately.
Chalk it down to experience.
Also, children don't come from nowhere. You should be scanning the area around you, especially after a situation like you describe. Sounds like you were distracted by the stop and give way situation, and didn't see the child. It could so easily be found against you.0 -
An 8 year old boy ran out into the road at full speed and hit the side of my car. I stopped and checked he was okay, he had minor bruising but was taken in an ambulance for a checkup and is perfectly fine. My car is not. After speaking to the kids mother, her response was "thats what your insurance is for". So I'm thinking of taking it to a small claims court. Police attended the scene and I was given a log number and breathalysed. The quote for the repair is £190 as thankfully, all the damage was contained the off-side front wing of my 3 series bmw which WAS immaculate.
I know I'm going to get nowhere with this woman paying me without an official letter going through her door, but I want to know if this is something a small claims court can deal with?
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?
Thanks in advance!
So how did the damage get there?0 -
Warwick_Hunt wrote: »So how did the damage get there?
If you read further on, he doesn't know his off-side from his near side. A bit like not knowing port from starboard when steering a ship.
As for his claim, he's sunk without a paddle because the child has the defence of infancy. He is under the age of 10 and his parents can't be found legally responsible either.0 -
Mercdriver wrote: »If you read further on, he doesn't know his off-side from his near side. A bit like not knowing port from starboard when steering a ship.
As for his claim, he's sunk without a paddle because the child has the defence of infancy. He is under the age of 10 and his parents can't be found legally responsible either.
So I see. £190 isn't much considering he's running an "immaculate" 3 series, I'd get it out right and move on. Forget about any court action.0
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