`accidental`damage to car

[adetheblade]

9yr rams my car with bicycle ` accidently` and causes £400 of damage. i obtain quotes and parents apparently have been to police and have been told you do not have to pay it was an accident !!! can that be right ?

[factor-fiction]

I doubt a 9 year old can be sued for damages unfortunately

[sunny-dave]

... but there must surely have been an adult supervising a child that young near traffic - so sue the adult ?

[ChuckFickens]

Get your insurance company to claim from their household insurance.

Or, small claims court.

[adetheblade]

thanks for quick reply.....i accept the fact about the boys age, however, surely with the boy not being of a criminal age for prosecution, then surely the parents are responsible for his behaviour etc ? not really concerned about the prosecution side of things ( would be flogging a dead horse with that one )just want the damage paid for which i dont think is too unreasonable, especially as i have witnesses to him damaging my car deliberately.

[adetheblade]

sunny-dave.......no adults present. parents quite happy to let them play out on a pretty busy road!!!!! this is what i`m battling with. cheers

[sincnoel]

find yourself a good lawyer and drop a bucket on the kid's parents. they are totally responsible for his actions.

[adetheblade]

chuck fickens.......forgive me for being a bit slow on the uptake but how does that work exactly? long day !!

[Richard1966]

Parents will only be responsible if you can show they were negligent and allowed the child to cause the damage. Unless you can clearly demonstrate their negligence (which is very difficult) you won't succeed.

[factor-fiction]

^ submit a claim to your motor insurer

[ummmm]

Have you got proof that the 9 year old damaged your car?

//parents quite happy to let them play out on a pretty busy road!!!!!//

Are you suggesting that 9 year olds shouldn't play out?

[tonywiltshire]

Factor is partially correct you can sue or be sued in the civil courts from birth but if you are under 18 you will need an adult to act as your “next friend”. The age of 10 is of course the age at which you lose your immunity from criminal responsibility, it is higher in many other countries, you may be interested in Walters V Lunt 1951 where the parents of a 7 year old boy were charged with receiving a stolen tricycle from their son.
As factor again sensibly suggests send a claim to your insurer with the details of the damage and how it was caused.

[joko]

ask them to get proof from the police that this is what they said.
i think they think you are dumb enough to just accept them at their word.

[boxtops]

Claim on your own insurance, give them all the details and they'll try to recover the cost from the boy's family. You'll lose your NCB unless it's protected, but it's easier that trying to pursue it yourself.