Money Moral Dilemma: Should neighbour pay as her son smashed the window
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Everybody is right. Neighbour should pay. Not much of a moral dilemma is it?0
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This isn't a "Moral Dilemma".
The neighbour should pay.
There's no "ifs" or "buts" - her son did the damage, and she should certainly be covering the costs of setting things right.
Why are you claiming on your insurance, anyway? Your neighbour is liable for the full cost of the repairs - parts, labour, and any other reasonable costs incurred as a result. NOT JUST the 50 quid excess.
By claiming on your insurance, you've already done her a massive favour. You may not have lost your no claims bonus (it's a "no fault") - but you've just increased your future insurance premiums.
If her son had been playing with matches, and burned your home to the ground :eek:, would you seriously say "oh well, just an accident - never mind! I was only living there..."
HELL NO!
You can argue about not wanting to get on the "bad side" of your neighbours, and "keeping things friendly" - but she's already wrecked that by refusing to pay.
If finding 50 quid is a big deal for her, she should (at a minimum) offer to pay by installments.
If she continues to refuse to cough up, file it with the small claims court. Don't bother with any of the "where-there's-blame-there's-a-claim" lawyergasms though - the procedure is straightforward, and easy enough to pursue. Just phone up the court and ask for the papers to fill out, or do it online (which is a bit cheaper)
No, this is NOT harsh, it's just plain fair.0 -
Well I agree - of course she should pay - however just to be annoying - how about considering the age of the child - if they are under 10 they are below the age of criminal responsibility and I know in my location the police don't seem to bother chasing the parents for money if damage is caused - and most parents simply ignore the fact their child is responsible.
This could then have a knock on effect of having to take civil action in the courts to recover the £50 excess and you MUST ALWAYS consider whether it is worth paying out court fees - does she have the capabilty to pay in the first place?
A nice letter explaining you are out of pocket and offering to come to an agreement over it might be a better course of action.0 -
Your neighbour is responsible for the damage and should pay up.
Can't pay, won't pay is not a defensive.
Because it was an accident, it doesn't mean that she is not responsible for her son's actions. She is. It only means that her son did not damage your car intentionally. What a good boy but she is still responsible because her son is a minor (I'm assuming he is a minor).
You have every right for your car to be repaired to the same level of standard prior to the accident and not be financially disadvantaged by it because of someone else's actions.
She is avoiding her responsibility and it is costing you £50.00 of which YOU can't really afford to lose either.
Tell her that you'll consider a payment plan so that she is not financially over-burdened but she is responsible for it.0 -
I have been on the flip side of this dilemma.
My own son accidently ran into my neighbour's wing mirror whilst outside the house, it was not smashed but was hanging down from it's position. He immediately came in and told us what had happened and my husband went nextdoor to tell them and see if he could fix it back on. He couldn't and so offered to pay for the damage, despite the fact that money was very tight at the time.
We were very friendly neighbours at the time and I had, for several years had my neighbours' children to play round frequently, taken them out with us in the holidays and watched them whilst they 'popped out'. None of which was ever reciprocated.
She came to the door to ask for £130 for a new wing mirror (for an old Vauxhall Astra), and said the whole thing had to be replaced. We felt that we had been well and truly 'done over' and that none of the past favours had meant a thing to them.
We rarely speak these days, and having been 'done over' by someone for what we considered to be the right and honest way to deal with the issue, I would hesitate to own up over a similar thing in the future.0 -
I've been in the OP's position too, when a neighbour's child broke the rear window of my van. They didn't confess, but the incident was seen by another neighbour. Knowing the family were as hard up as I was, I suggested the Mum should buy a replacement from a local scrapyard and ask a mutual friend who was a mechanic to fit it. This was done at a fraction of the cost of a new window, and the mechanic just asked for 'a drink' for doing the work.0
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Of course the neighbour should pay.
Has the OP never seen Judge Judy? That's exactly the sort of case that they have on there.0 -
I work for an insurer (allbeit within property claims) and know that often if they've been advised someone was to blame, it is likely your insurer will ask you for the neighbour's details and get their solicitors involved with recovering the money from the third party.
This is something that they are well within their rights to do and could cost the neighbour a lot more than the £50 excess as the insurer would seek reimbursement for ALL the monies they have paid out to repair your car, including fees and materials.
Other posts have also advised correctly that this incident will likely cost you more than the £50 as your premiums could now be higher for the next few years... unless the insurer is able to recover all it's outlay (in which case they will try to get your excess back too) resulting in a zero pay out on your claim, meaning your premium is less likely to increase.
Just a 'heads up' as your insurance company may already be taking these steps!0 -
I think she should contribute at least something towards the £50 excess you've had to pay. How would she feel if the boot was on the other foot?0
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I am astonished that this is even a question! Of course your neighbour's son should pay for your window. How can it be an accident if he did it whilst playing football near a car: he was the cause of the window being smashed full stop. Go and see her and politely ask that he be made to pay - perhaps he could do a paper round? Or am I just one of the increasingly few idiots left in this world that thinks children should be brought up not to get everything they want in this world but to respect other people and their property......0
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