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Mumsnet has not checked the qualifications of anyone posting here. Free legal advice is available from a Citizen's Advice Bureau, and the Law Society can supply a list of local solicitors.

SAGA HAVE DIRECTLY CONTACTED MY 10Y OLD BROTHER......

(43 Posts)
lissie Sun 01-Jul-07 18:25:08

.... asking him to pay £1000.

he accidentally hit a womans car about a month ago on his bike. he wasnt hurt the cars paintwork was scratched and a mirror was broken. so he has to pay up!

Aloha Sun 01-Jul-07 18:26:28

But he's only ten. They would have to sue his parents for it, surely?

Hulababy Sun 01-Jul-07 18:26:33

Can a 10yo even be held responsible?

SaintGeorge Sun 01-Jul-07 18:27:56

Isn't the whole point of insurance that it pays out for stuff like this? SAGA are having a laugh surely.


Not happy with insurance types today.

lissie Sun 01-Jul-07 18:29:04

dont know. because he doesnt have insurance (he's 10 ffs!) and he hit her its his fault.

SaintGeorge Sun 01-Jul-07 18:31:57

No, it's an uninsured loss.

If she has comprehensive insurance or uninsured loss cover then she is ok. If she only has 3rd party F&T, then she is screwed. Her problem, not your brother's.

DominiConnor Sun 01-Jul-07 18:31:58

As I recall you can't sue someone for the acts of their kids unless the parents helped or acted recklessly.
This sort of thing is the lifeblood of consumer journalism.
My gambit would be to get a phone recording of your 10yo brother speaking to Saga.
Employees of insurance companies are scum, some are efficient bastards, others are merely evil drones.
They will say all sorts of things that when played back will embarass Saga greatly. I'd give 50/50 they threaten him with jail.

After you have the recording, contact (say) BBC Watchdog, or the Sunday Times.
Saga will deny it all. Under financial regulations it is a criminal offence for an insurer to employ honest people.
Then produce the recordings...

edam Sun 01-Jul-07 18:51:02

StG is right, uninsured loss and her insurance co. know full well cyclists are not required to have insurance. Let alone 10yos, FFS!

Ladymuck Sun 01-Jul-07 18:51:57

<Under financial regulations it is a criminal offence for an insurer to employ honest people.>

DC, whilst I'm tempted to believe this I'm not sure that it is true!

lulumama Sun 01-Jul-07 18:52:44

£1000 is an awful lot for scratched paintwork and a broken mirror


that aside, do what DC suggested

SaintGeorge Sun 01-Jul-07 18:59:09

I reckon £1k is feasible - you don't need much damage to require a full panel respray, more if you are unlucky enough that it goes across panels.

Insurance companies can all go to hell anyway as far as I am concerned <still mad at twunt I spoke to earlier>

lulumama Sun 01-Jul-07 19:00:04

fair enough ! just someone hit me once, and dented my car quite badly, and cost me £400 to have it repaired, so £1000 sounded a lot

FluffyMummy123 Sun 01-Jul-07 19:01:03

Message withdrawn

lissie Sun 01-Jul-07 19:08:00

i think my dad is going to pay it, just cant believe that they are chasing a 10y old!

BreeVanDerCamp Sun 01-Jul-07 19:10:24

Lissie

Tell him MNet forbid it .

Hulababy Sun 01-Jul-07 19:11:05

Tell him not to pay it.

lissie Sun 01-Jul-07 19:11:38

what can they do if he doesnt pay it tho?

foxinsocks Sun 01-Jul-07 19:12:12

no, don't pay it. £1000 is taking the piss. They are bargaining on you just paying up.

Hulababy Sun 01-Jul-07 19:12:49

Seeing as they are dealing with a minor, not very much I shouldn't think.

BreeVanDerCamp Sun 01-Jul-07 19:12:59

Wait and find out, the Daily Mail would love this.

Go down to the wire.................

Hulababy Sun 01-Jul-07 19:14:40

You dad could contact CAB or a solicitor for advice.

SaintGeorge Sun 01-Jul-07 19:15:46

Right I have just checked and found out the following:



Traffic accidents

This information applies to England, Wales, Scotland and Northern Ireland

* Traffic accidents
Bicycles

If someone has been in an accident involving a bicycle, they should be aware that cyclists do not have to be insured for damage to the bicycle, any other vehicle or for personal injury. However, the cyclist may be covered under another insurance policy, for example, their home contents policy. If the accident happened on the way to or from work, or whilst at work, the person who had the accident may be covered by their employer’s insurance or may be able to obtain advice and assistance from a trade union.

If the cyclist has inadequate insurance it will probably be easier to claim on the insurance of the person who had the accident and let the insurance company take action against anyone who is liable.

If none of these is possible, the cyclist could be sued in court for compensation - see under heading Taking court action.
But also this:

Children

If someone is involved in an accident caused by a child, it can be difficult to prove that the child's behaviour has been negligent. Even if negligence by the child can be proved, it may not be worth pursuing any legal action as the child is unlikely to have any money. However, a judgment can be enforced for six years following the date of the judgment, during which period the child may become able to pay.

If the child was accompanied by a responsible adult at the time of the accident, it may be possible to sue the adult, if it can be shown that the adult acted negligently by failing to supervise the child properly.

SaintGeorge Sun 01-Jul-07 19:16:58

So going by that, I would get your dad to check the house insurance. Failing cover on that, I would write to SAGA and make sure they know your brother is 10 and does not have savings. If they still push it, contact the press.

SaintGeorge Sun 01-Jul-07 19:17:57

Sorry, should have said - that lot is cut & pasted from the CAB website.

willywonka Sun 01-Jul-07 19:19:24

Reckon they're just trying it on. My Mum's car was parked up in a car park a few years ago when she was attending a meeting in the building next door. A vehicle skidded off of the mini roundabout outside, hit the car next to my Mum's which then caused the damage to hers. A few weeks later Mum received a letter from one of the insurance companies suggesting that she was liable, despite not having even been in the vehicle! Needless to say, they didn't get away with it but shows that they'll generally try anything. As already advised, get some legal advice and this should get sorted.

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