To expect Mum to pay up after 4YO child scratched every panel on our car

[LupoLoopy]

Context: My wife works at a nursery school as an assistant.. Her car was parked in the staff car park, which the kids egress though when they leave, under parental supervision.

During lunch time pick-up, one of the departing 4 year old's took a rock and scratched every panel and light fixture on her car, all whilst his Mum was standing within 6M of the car, chatting to a friend.

The incident was captured on CCTV.

The cost of a proper repair is so close to the value of the car, I fear it being written off, which is something we could afford but would hurt us a lot financially.

Although the damage is only cosmetic, the car was pristine before the incident (I'm a fussy sod who takes good care of his stuff) and I don't see why we should tolerate driving a 'shed' around 'for the children'.

We're trying to seek restitution from the School's insurance (if it will cover it) but to cover our butts, we've reported the incident to the police (so and official record exists) and reported it to our insurer.

If we have to use our car insurance AND we're fortunate enough to not have the car written off, it's going to tank my partners insurance premiums.

Frankly, I want to encourage the police to be fully involved and start proceedings immediately for civil action via the small claims court. I just dont think I can have confidence that Mum is going to be wired in the same way I am - i.e. it's her liability and don't see why we should be financially crippled by her parental inattention.

AIBU?

www.thepaintshoppros.co.uk/hire-a-sprayer/how-much-cost-paint-car/

Pearl is £200 plus, also these prices don't include the paint.... I reckon this would be condition A. Prices seem consistent with what has been said

If the parents hold house insurance it will cover them for public liability. To,what extent depends on that particular policy. This is something you should raise with them as soon as possible.

Just for context I've paid £180 today for a professional paint job on 1/4 of my (metallic paint) car today- back panel and door. So I'd expect a whole car for less than a grand logically(?)

Presumably this child was in his mother's view on one side of the car but must have gone round the other side out of her view. Seems pretty careless of her letting her child run loose and out of sight in a carpark.

And - egress , who says that? Sounds like you've already been reading a few law websites already. You sound very fired up for someone who hasn't even started discussions with the mum yet.

Do the family of the child who did this have legal cover on their household insurance? It might cover this.

The mother may be liable but you can't make her pay anymore than an insurance company can. If she has no means and no insurance herself to cover the damage the insurance co pant will cover it - just the same as uninsured drivers

*company

I think you should ask the mum nicely to pay, and if she refuses, express your regret, give her another chance to change her mind, then take her to the Small Claims Court Online, which is relatively inexpensive to do.

@Solvendie - Let's get this straight. When I quit my job a year ago to go self employed, my wife VERY MUCH had a say. I stuck out a job hated for an extra year to build up a war chest she was comfortable with, as I knew it wasnt just me I was putting at risk.

We talk about our finances openly and overtly, most of the time. If something doesnt stack up in my mind, I tend to say. If she thinks I'm spending too much money, she says. And that's cool. SHE HAS THE FINAL DECISION.

I appreciate I may sound cold - that's my way of framing things - but I think you're insinuating something that's off base.

If I was the mother and you did decide to take me to court, I would also be making damn sure I said how unreasonable the nursery staff in taking me to court to everyone who would listen.

You'd go round telling everyone that you are such a shit parent you didn't notice your child dragging a rock across every panel and light on someone's car?

I would consider it a potential risk of the job.

What nonsense.

No Ladyboluna, it is not criminal damage, if it was criminal it would be in criminal court and not civil, this can only go through civil to claim back costs, the mother cannot be prosecuted in this situation, she can however be taken to court for costs.

This isn't a criminal matter as a 4 year old legally isn't criminally responsible for their actions.

So to say it is criminal damage is incorrect!.

I doubt if the nursery insurance is liable as the child was in the care of his mother.

And RedTooth Brush, I endorse every sentiment you have inscribed, as LupoLoopy would probably say, particularly about his unpleasant attitude to his wife: 'a contributing data-point to an ongoing discussion' indeed !

I can understand his fury about the damage to his car, (although it would be more sensible to get several quotes for repairs first and actually speak to the mother to discover her intentions, before threatening police intervention and legal action); but the underlying message here appears to be that his wife must give up her job and find something which brings in more money, as a punishment for putting his precious car in a situation where it was damaged. Not a nice man.

I think the school's insurance would cover it as it was one of their students on their property. This is exactly the kind of thing the insurance is for.

but the underlying message here appears to be that his wife must give up her job and find something which brings in more money, as a punishment for putting his precious car in a situation where it was damaged. Not a nice man.

that is pure bollocks.

It is a shit situation but there's no point being vengeful about it. She may even offer to pay before you launch into your mansplanation explanation.

If she has insurance then fair enough to ask for the full amount but if she is not covered you would be a thoroughly unpleasant person to expect more than the excess or a contribution to the hike in your insurance. She should've been watching him, yes, but it was an accident not intentional.

As to your wife's job, is her call really isn't it?

GoblinLittleOwl don't insult the OP they are not putting their car before their partner they are questioning whether they can factor this into her being afford to work

I am in this position myself so back off

We live in a large estate where one unfortunate gem of a child used his Dad's keys to scratch his way around four cars, one of which were ours; our drivers side looked like Picasso alright! We have CCTV installed which showed the child scrapping away, while the Dad stood chatting on his phone. He saw the child doing it, swatted him twice but continued talking on the phone. When he hung up, you could see him check of the cars, lick his finger and try to rub the scratch on one of the neighbours cars, then shuffle off quickly. When initially approached the Dad denied knowledge until shown the CCTV, and a few comments were made about his shady behaviour.

The repair quotes varied from €1,200 - €6,700. My OH is a panelbeater (not painter) so called in some favours for all the neighbours but even including discounts ours was €3,400 as we have a pearlised paint with an unusual colour (vermillion red - it's a purple-ish red wine colour).

The neighbours house insurance policy paid out.

The child wasn't engaging in criminal behaviour BUT the parent is responsible for adequately supervising their child. That type of damage is prolonged and there's no way you could argue the child was being adequately supervised.

Perhaps it's just the way you have written it lupoloopy. It just so dead as if you felt you had paid and sacrificed for your wife's job rather than it was a joint thing

*sounded.

Apologies - the iPad autocorrect is appalling

Pani I dont think anyone on this thread has said the child was being adequately supervised, unless I am reading another thread

For those saying repairs to the paintwork could be cheaper, they could, but be aware that if you go on to sell the car through, say, we buy any car don't, they have a gadget which scans the body to test paint thickness. Not sure what this tells them, but they do it.

@PlantSitter As to your wife's job, is her call really isn't it?

Totally agree. You are bang on. She's a totally free agent, right? As we all are ultimately.

Let me ask it as a question then. Should this incident or accident history on the site be part of our analysis? Or is that me being unfair? That seems to rankle with some people, which strikes me as understandable, but the mathy part of my brain struggles to write it off as irrelevant to our financial planning?

I guess I liken it to when I purchased a banger to get to work (a long time ago), as the car park was notorious for break ins and the like. It was part of the cost of the job, and it was something I did the math around.

I appreciate I'm being cast as a nasty man here, but let's be fair - I'm typing out a stream of thought on a forum to invite discourse and get other view points. If I was intransigent in my views, I wouldn't have posted.

On the 'involving the police thing'. We can basically call that after my wife chats to her about her intentions next week. That said, I didnt want to leave our bases uncovered, so we got a reference number. I dont think that makes me a sociopath. Nor should wanting to understand my legal/civil position, just in case?

Buffing out and respraying a car can be very expensive. Some posters seem very naive about the costs related to this kind of damage, especially when going through your dealer garage.

Dude?

I can't believe the comments here have descended into whether or not someone should drive an expensive car!!

FFS.

A child has seriously damaged OP's property. The mother should bloody pay for the damage.

Cars do cost thousands of pounds to respray and for cosmetic damage.

It is completely irrelevant if some posters a) didn't know that b) think that's extortionate or c) are disputing it (because they are wrong).