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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Damage to property

98 replies

Notyetacatlady · 03/01/2023 14:33

Hi all,

With the cost of living as it is not everyone has saving so if a loved on accidentally damaged a neighbour or friends property and you couldn’t afford to fix it what would you do.
Insurance is an option but would mean already high premiums would sky rocket.
Feeling pretty on edge right now. Just received from a breakdown so don’t need this on top.
Owner of damage will not accept a payment plan.

OP posts:

MargaretThursday · 03/01/2023 16:17

Small damage can be huge prices. A number of years ago our (old) car was hit at slow speed and caused a fist-sized dent in the boot. We got 3 quotes:
£1500, £800 and £600.
We went for the £600 off insurance as the other people were lovely about it. We had agreed that we would each choose a place for a quote and then wechose together the third place, and agreed we'd go for the lowest. The £600 was our choice so we were all happy with it.
It needed doing though as the boot didn't open with the dent.

MRex · 03/01/2023 16:19

It's unfortunate that you admitted liability, next time be more careful - you can agree your DD fell and say let's have insurers handle this, but you don't know for sure what damage she did or didn't cause. Call your home insurance legal cover phone number and discuss it with them. The neighbour should put it on their car insurance, and provide your home insurance legal cover as a contact. Then forget about it, the insurer is likely to dispute whether the accident caused that damage (sounds unlikely) and if they agree to pay, is unlikely to try to recover such a small amount when going via solicitor on your legal cover. You're sorry, but your insurer said to contact them, the end.

AppleDumplingWithCustard · 03/01/2023 16:20

Brefugee · 03/01/2023 15:45

but the owner still needs to go through their insurance, who will then contact OP and sue to recover their costs. It's not personal, it's how insurance works.

No, the owner doesn’t need to ‘go through’ ie. claim on their insurance. They merely need to inform their insurer.

Glittertwins · 03/01/2023 16:25

I'd be surprised that a car could be so damaged if the child wasn't injured though. If the car is already damaged per previous post, how can it be proven that your DD caused that particular bit and not others.
An accident from a pedestrian is just that and that is what insurance is for.

MichelleScarn · 03/01/2023 16:31

Were they on a bike/trike /scooter and fell and that damaged the car?

SMabbutt · 03/01/2023 16:31

I had my side passenger door damaged and later my front wheel arch was hit by a lady reversing. Admittedly the door didn't have central locking butin both cases I found it was cheaper to go to a scrapyard for a replacement. I got lucky and so might you. You will need the details including the paint number, and someone to swap the damaged part over but it might be worth a try.

billy1966 · 03/01/2023 16:36

FrownedUpon · 03/01/2023 16:12

You should pay. Why should they be out of pocket when your DC caused the damage? You have to take responsibility for your own child’s actions.

What actions?

The child fell.
A disabled car.

My car which is in good condition was hit by a ball and got a dent.
The boy apologised profusely and I just suggested he watch out and take it up to the green. I had temporarily parked on the road.
It was an accident and cars get dents, it certainly wasn't big.

I think the neighbour is awful to come after the OP for an accident.
Really awful.

Take lots of pictures.
Ring 101 for advice.
Agree to nothing until you know where you stand.

Let them go after your disabled child at Small Claims...would make a lovely story for the local rag!

bloodyeverlastinghell · 03/01/2023 16:36

The car owner should claim on their insurance. Their insurance may try to claim off you but I can’t imagine an insurance company insisting the parent of a disabled child who accidentally fell and damaged a car.

StopGo · 03/01/2023 16:41

So much misinformation on this thread. The owner of the should make a claim through their insurance. The insurance company may contact you as the parent of a minor but it's very unlikely. No insurance company is going to pursue a disabled child who simply fell, there would be zero liability on the child or their parents.

Can you put up any sort of barrier between the two drives or always ensure your child walks up the path or gets in and out of the car on the opposite side to avoid a repeat?

piedbeauty · 03/01/2023 16:41

How did a child falling cause damage to a car??

Reugny · 03/01/2023 16:44

Notyetacatlady · 03/01/2023 15:55

Also the damage is superficial and it’s an old car but a whole panel will need spraying and we have been quoted 100s

Tell them to claim through their own car insurance.

Then don't communicate with them until they do. (They aren't allowed to harass you.)

I suspect due their car being old they have a very large excess or are third party only.

Also if you were not driving or in your own car at the time, if they chase you then send them your payment plan to them. If they then go to the small claims court as long as you aren't taking the piss that's all they will get.

Oh and there are ways to mention that your child is disabled but it isn't an excuse as such.

Reugny · 03/01/2023 16:45

piedbeauty · 03/01/2023 16:41

How did a child falling cause damage to a car??

Caused scratching of paint work.

Chickenly · 03/01/2023 16:48

Please don’t waste police time phoning 101. Why on earth was that even suggested? PP are right - tell them to go through their insurance and then ignore. Only respond to the insurance company or if they take you to court (they won’t).

Wonnle · 03/01/2023 16:49

Unless your child has public liability insurance I can't see how you can claim on any policy you have

MmaPreciousRamotswe · 03/01/2023 16:51

If the owner of the damaged car claims through their own insurance, won't they be liable for excess anyway? I know that my own insurance is set up that I'm liable for the first couple of hundred on any claim. It could well be cheaper for the neighbour to get the work done independently.

In your situation OP, yes, there would be a moral obligation to pay. But if you can't pay up in one lump sum, the other person will have to accept that, or claim against you via the small claims court. Or, as people here are saying, if it is of a sufficient cost to be covered by insurance, through their own insurance company.

Headabovetheparakeet · 03/01/2023 16:52

It sounds like it was an accident so I wouldn't be bullied by them. They can accept a payment plan from you or they can claim in their car insurance.

piedbeauty · 03/01/2023 16:55

How can a child have scratched a car's paintwork? Were they holding something heavy or sharp? Are you sure your child caused the damage?!

DeadDonkey · 03/01/2023 17:12

Sorry I meant the full details of the accident - how did it happen not what happened.

I understand that your child is disabled but could the accident have been avoided? What will you do differently to ensure the same accident doesn’t happen again?

It’s unfortunate that you are in this situation but your neighbour should be able to park on their property with out their car being damaged.

This article provides some useful information: www.inbrief.co.uk/child-law/child-accidents-compensation-liability/

Brefugee · 03/01/2023 17:22

No, the owner doesn’t need to ‘go through’ ie. claim on their insurance. They merely need to inform their insurer.

but they don't want to pay for the repairs and can't get the money from OP (since they rejected their offer of installments). so if it's costly, that's their only way to try to get it covered.

VoiceOfCommonSense · 03/01/2023 18:52

They should claim on their insurance. It wasn’t a crash. If they want to try and take you to court for the costs they can do that and if they win you would have to pay at a level you could afford. Accidents happen unfortunately, he just needs to accept it..

msbevvy · 03/01/2023 19:07

piedbeauty · 03/01/2023 16:41

How did a child falling cause damage to a car??

My disabled DH fell and made a massive dent in our old car. I know this was a child but I can see how it could easily happen.

Hankunamatata · 03/01/2023 19:16

Liability insurance through your home insurance

KendrickLamaze · 03/01/2023 19:47

saltinesandcoffeecups · 03/01/2023 15:35

You sound a bit blasé about this OP. While I can empathize with your situation that doesn’t make you any less responsible.

Your payment plan option is a joke… do car repair places take payment options? Not likely. Yes the neighbor should report to their insurance, and the will likely have a rate increase because of it. I can understand why that’s not an attractive option to them.

I also find it a little distasteful that you keep mentioning that your child is disabled. Does this cause you to believe that you are less responsible for damage they cause?

I agree with this. You also repeat that them parking on their land is an issue although they have other options. Do you not also have other options? It's their land, avoid it. You have caused damage and you pay. Perhaps your attitude is why they are asking you to pay on an already damaged car.

This is not what insurance is for. Insurance would be when you don't know who caused the damage or it was a tree etc. I would not want to be claiming on my insurance with a £250 excess (usually the minimum compulsory and disregarding any voluntary they may have had to add to reduce their premium) and more costs for up to 5 years as my premium has been raised as a result. I also would not want to be out of pocket myself for your actions.

I work in car insurance. As much as the law states to inform the police and insurance in 24 hours, we don't want to know about small stuff like this. Fix it yourself.

I'm sorry if any of this sounds harsh but you have gone on the defensive and seem to expect to get away with this due to your circumstances rather than reflecting on theirs.

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