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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Who pays?

327 replies

Imfinallyhappy1 · 18/04/2021 14:01

Have had my niece (11) for a day at the park. We parked and as it was crowded said to my ds and dn be careful opening car doors please.

Dn and ds acknowledged and then dn Flung open her door and has hit a gorgeous merc beside us.

We were all wtf and she said sorry I didn't think.

There was approx 5 seconds between the warning and her opening the door.

I've left a note for the car owner and taken pictures.

Dn lives with my dsis and my parents. My mum said they will pay but my dad has said he's pissed off and I should pay?

Aibu? If my kids damaged someone's property even if they were with someone else I wouldn't expect them to pay.

OP posts:
TellingBone · 19/04/2021 19:49

There was a similar case on Judge Judy. Grin

She ruled that the person who was looking after the child when the damage was done was responsible for damages. Their negligence in not allowing for potential stupidity on part of child.

Just saying. Smile

Yerroblemom1923 · 19/04/2021 19:54

@Lovemusic33 says, they owned a Mercedes, can't be too strapped for cash....perhaps you should've done a run for it and parked elsewhere. Lol I'm sure plenty others would've done. Points for giving your deets etc

AuditAngel · 19/04/2021 19:56

My DD did this to my colleague’s car, she was about 2 and I specifically told her not to open the door as I knew the car was on a hill. Unfortunately she still opened it. Colleague was devastated as car was brand new. Fortunately for us both, they were company cars and fixed at no cost to either of us.

That said, difference between an 11 year old and a 2 year old.

Crummyfunnymummy · 19/04/2021 20:01

Really tricky, but if it were my child I would offer to pay. My DS is 11 and I’d be bloody furious if he did that. Even without a warning. I’d expect him to know better and have some sense of his surroundings. I certainly wouldn’t expect someone who’d been kind enough to take him out for the day to pay up!

Elsie1966 · 19/04/2021 20:14

Why was ds and dn able to fling door open in first place😨😨 has anyone heard of child locks so that car doors can only be opened from the outside, for safety reasons Confused

MimiDaisy11 · 19/04/2021 20:24

Why was ds and dn able to fling door open in first place😨😨 has anyone heard of child locks so that car doors can only be opened from the outside, for safety reasons confused

They were parked and getting out. Or are you meaning you wouldn't let an 11-year-old open their own door to leave? At what age would you let them open their own door?

Sweettea1 · 19/04/2021 21:02

You she was In your car so your responsibility. You knew you were close enough to another car so door could hit you should of got out first and opened door to let kids out.

serin · 19/04/2021 21:04

Any update OP? has the other driver been in touch?

WombatChocolate · 19/04/2021 21:06

This isn’t the Op,S fault. Her parking wasn’t at fault and an 11 year old should be able to get out of a car door. But anyone can have an accident ....it’s why it’s called an accident. It can happen even when you’re carefully parked and even to a sensible 11 year old, or even to an adult.

These things sometimes just happen. There can an element of carelessness but we have to expect that to some degree from children....our own or those we take out for the day.

And when unfortunate things just happen, we just have to suck up the consequences when they happen on our watch.

No-one needs to suggest Op was at fault and made it happen or was at fault in preventing the child from doing it. She was just unlucky that the child, despite being told a few seconds previously, still opened the door carelessly and unfortunate there was another car there and that it was an expensive car.

It’s a shame it’s caused a family disagreement. I think in most families (I’d hope) that the adult whose car it was, would be willing to just accept an unlucky thing had happened. The child needs to have their carelessness pointed out to them and also that it’s an expensive mistake, but the adult needs to take on dealing with it and accept those things happen when you’re responsible for a child for the day. I would also expect in most families, if this happened, the actual parents would offer to pay or at least contribute.

Am I understanding correctly that the child doesn’t just live with her parents? That there’s a more complex living arrangement than this?

Well I guess in more complex arrangements, what I’d expect might not happen. The hosting adult might not always expect to just suck up the cost of the child they were hosting’s mistake. And it seems that the people she lives with don’t want to either. It’s particularly unfortunate that neither party seems willing to take the responsibility and it’s a cause of fallout.

It makes me wonder how this comes across to all the kids. Kids make mistakes. They do need to learn from them and that they have consequences but also that the adults in charge of them have their backs and will sort things out and it doesn’t all fall on them. Kids need to be able to trust the adults they spend their time with, that they wills two in and sort things out. In this case, it means paying for the damage. It’s a bit sad that in this case the kids can see no adults are willing to step in and pay for the mistake of an 11 year old....but instead are arguing about it. I wonder how that impacts this child and her ability to own up to mistakes and take responsibility for her errors later in life? It’s just another way of looking at this and thinking about it. But I feel sad for the girl who was admittedly careless and the other kids too.....their parents do t seem willing to back the children in their care, and all of them are actually family.

ozymandiusking · 19/04/2021 21:22

We always open the car door for the children. And my husband still opens the car door for me.

WombatChocolate · 19/04/2021 21:35

At what age do you think children could be allowed to open their own door? 11 isn’t like a 3 year old is it? They have to be trusted at some point.....and we have to accept as we give them extra responsibility that sometimes there are errors of judgement. It’s all part if growing up and being a parent.

When there’s a mistake, often there’s a lesson to be learned but not dwelled on, and often not something that needs ranting and blaming. You accept it as the adult, deal with it and move on.

When children are never told about the consequences of their accidents, they become babied and struggle to learn to take responsibility. When they are over berated for an accident, they can become terrified to take responsibility or to admit to mistakes when they are made, and when adults won’t deal with the consequences of the mistakes a child makes, the child doesn’t feel the adult has their back or learn the appropriate way to deal with errors. You accept them, try to learn, deal with the consequences and move on. Trying to pass the blame to others isn’t great. And when no adults are willing to take it on, it doesn’t sound great as a situation.

wishywashywoowoo70 · 19/04/2021 22:10

Just as a point about the other vehicle owner.

They might well go directly to their own insurer for the repair. They in turn will contact OPs insurers for reimbursement.
There is no excess to pay towards third party damage.
If OP doesn't claim for her own damage she won't pay an excess.
It is not up to the OP to decide to pay directly the other owner has every right to involve their insurers or go directly to hers and get them to sort it out.
Let us know stay the owner says when they contact you.

TolkiensFallow · 19/04/2021 22:24

Legally it’s your responsibility and if I was the Mercedes owner I’d probably get my insurance company to contact yours.

However if I was DN’s mother I’d offer to pay the excess. Out of decency.

This I a bit of a learning curve for you though. Put the child locks back on.

Obviously DN has been careless but I don’t think she should be made to feel awful about it. It shouldn’t be brushed under the carpet but asking her for hundreds of pounds is heavy handed when it’s legally OP’s responsibility to pay.

BathshebaKnickerStickers · 19/04/2021 22:29

Judge Judy - my life model - would say you as she was a minor in your care.

SchrodingersImmigrant · 19/04/2021 22:41

Well Judge Judy can say whatever since she is in US (she is awesome though), you need Judge Rinder and his caterpillar cake😂😂😂😂

Pinkfluff76 · 20/04/2021 00:02

Good grief my kids are 5 and 8 and they know to get out of a car carefully both for our car and the other persons car. And they don’t need to be reminded!! Good luck sorting it out.

prawntoastie · 20/04/2021 00:29

Mother should pay and don’t go through insurance for such a minor thing if you can

Pr1mr0se · 20/04/2021 08:32

I'd claim on the insurance, and pay the excess as she was in your care and she is family

Purpl · 20/04/2021 08:56

Have you heard from the car owner yet ?
Yiu are obliged to report to insurance just report as if the car owner comes back with a fraudulent claim which is common even from people who own nice cars you be in trouble.
I wouldn’t stress about No claims abs insurance increases it’s a small incident and you were t driving it won’t be as much as people make out. I had a burglary and Atcually shopped around at renewal and got a big discount,
Split the xs with yiur sister. It make for better relations all round. Good luck

RMNMummy · 20/04/2021 09:09

Sister should pay, or at least token go halves or something, I wouldn’t make a big deal of it personally

feistymumma · 20/04/2021 12:46

Surely this is the reason we have car insurance. I would never dream of passing on the costs to my dsis, my nieces and nephews are as good as my own children so if anything happens while they are with me it's on me. Mistakes happen

Runnerduck34 · 20/04/2021 13:52

Oh it was an accident, shes only 11 she didnt do it on purpose, some car doors are lighter than others and open more easily, sometimes they get caught by the wind, the parking space might have been very tight or she may have just been careless , thats kids.
I think not taking her out again because of one error is a bit harsh., I pick my car spaces a bit more carefully with kids and if its tight on one side I make them shuffle along the back seat to other side to get out.
I would claim off my car insurance if repair was expensive, otherwise Id pay cash and if possible split the cost with DN parents but it really isnt worth falling out over family with, Im sure your DN feels bad enough as it is without that on her shoulders, be the bigger person i.e the adult

h1nch · 20/04/2021 15:08

I think she was your responsibility for the day so if it came down to it you should pay. However if family are willing to pay or go halves then come to an agreement. Final resort go to insurance

BlueDahlia69 · 20/04/2021 15:56

I feel for you OP, you did a kind thing taking your Niece to join you and your child for the day out, after all this lockdown. Accidents happen and you've acknowledged this several times and you have never blamed your Niece for this accident.

However, if it were my child that had caused the damage, there is no way I'd leave you out of pocket paying the costs or claim on your insurance affecting your no claims bonus, because it was my child that caused the damage so I'd pay.

Unfortunately, it looks like Im alone in my thinking, in taking responsibility for my child though. 🌸

Everydayzero · 20/04/2021 16:48

Well legally it may be the case that only you niece is responsible for the damage unless the owner of the other car could show you acted negligently.
www.inbrief.co.uk/child-law/child-accidents-compensation-liability/
Morally her parents should pay unless you were not supervising her properly.

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