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Legal matters

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Original poster

Ds damaged a car, are we liable to pay?

36 replies

Wallace · 17/08/2010 19:38

A few weeks ago ds1 (11) and a riend were playing out on their bikes. Ds fell off his bike and his bike hit a car. Whether it was actually damaged or not is debatable, there a few scrathes and marks on the car in all different places.

The car owner called the police, saying it was deliberate vandalism. The police came round, listened to ds' version of events (which tallied with his friend's) and said that there wasn't a problem and it was an accident and nothing further would be done. We got the impression the police thought it was a waste of their time.

Today ds came in in tears saying that the car owner's son has said that she is going to fine us £380 (I guess to repair the damage) and to expect a letter through the door.

Now, putting aside the fact that we can no way afford to pay this money, are we actually liable for these costs?

OP posts:

thisisyesterday · 17/08/2010 19:40

no, i don't think you are. it was a kid on a bike.... he cna't be held accountable for an accident
plus,. they could never prove he did it anyway

FranSanDisco · 17/08/2010 19:46

I am sure there was a similar thread where somebody said the parents aren't liable in these situations - legal loophole or some sort of thing.

BikeRunSki · 17/08/2010 19:46

Surely this is a case for their car insurers?

Original poster

Wallace · 17/08/2010 19:47

Thanks, that cheers me up a bit. Poor ds was very upset, he knows there is not that money to go round at the moment.

OP posts:

monkeyfacegrace · 17/08/2010 20:01

Its scare tactics, there is nothing they can do. At all. If you get a letter, bin it and buy ds a takeaway to cheer him up :-)
Im glad a child is playing outside and not sat at a computer!

Hulababy · 17/08/2010 20:08

I don't think your child can be held liable - but I would check the age thing.

Were there witnesses?

Does your DS accept he did hit the car, even if accidently? Does he think he damaged it in any way? because if he does then I do feel that you should offer to pay towards it - if a child damaged my car I wouldn't be impressed either TBH, even if an accident; likewise if I knew my child had definitely damaged someone's car I would be apologetic and offering to recoup some of their costs.

howdidthishappenthen · 17/08/2010 20:11

I would think you are liable (this being my totally untrained opinion, mind) but that you are covered via the 'public liability' clause in your home insurance. But they'd have a hell of a job to see it through..

bigstripeytiger · 17/08/2010 20:13

Seems odd for them to use the word 'fine'. as if there is some element of the bill that is punishment rather than repair to the car.

I agree that they should go to their insurance company.

Flighttattendant · 17/08/2010 20:16

Sounds like they want you to pay for all the other scratches as well, tbh.

It's a bit of a cheek. If they weren't being such arses I would be inclined to offer to contribute but as they are I wouldn't touch it with a ten foot pole.

blueberrysmoothie · 17/08/2010 20:17

If they claim on their insurance presumably they will have to pay the excess and perhaps lose their no claims bonus, so I can understand them not being too happy although the allegation of deliberate vandalism seems unnecessary! I appreciate that it was an accident but a note of apology and an offer to contribute what you can afford is surely reasonable? And whether or not they can prove it was him is surely irrelevant - you and he know that it was and to pretend otherwise is dishonest.

blueberrysmoothie · 17/08/2010 20:18

Sorry I missed the bit where you said the damage was debatable!

SoupDragon · 17/08/2010 20:20

Legally, I don't think you are liable at all.

Morally is a different matter. I would be really p-ed off if someone damaged my car and i had to fork out hundreds to get it repaired. Perhaps they can ill afford the repair cost too.

Hulababy · 17/08/2010 20:21

If they use their insurance company, they have to pay for the excess. And IF the damage was caused by your son (I know this is debateable however in this case) then why is it fair that they lose out financially?

IF your son was responsible for it, can you not claim on your own household insurance?

thisisyesterday · 17/08/2010 20:23

yes, i have to say, despite my earlier reply, that morally I would feel obliged to pay if i thought that damage had been done

have they claimed that there is a specific mark/scratch that was made by the bike? how much would it cost to fix, realistically?

parkj83 · 17/08/2010 20:23

Blimey, I'm not too sure.

I was flying a kite at the beach once, and it nose-dived and smacked into the bonnet of this brand-spanking new BMW parked on said beach. My dad had to pay to get it resprayed (this was a good 10 years ago though!)

LauraNorder · 17/08/2010 20:25

DS has had a similar accident while on his bike. He's only 5 but he fell off his bike and hit a neighbours car - with his head. Neighbour has been very reasonable and initially wasn't bothered about scratches but on closer examination there is a head sized dent where he hit it

We've told him to get a quote and we will pay for the damage. He has a friend who will do it for him, if it's not much we'll just pay it but if it's a lot we can claim on our household insurance.

Hope this gets sorted for you.

trixymalixy · 17/08/2010 22:54

Hmm, i think they would have a hell of a time trying to make you pay legally, but morally you should be paying for it/

hmc · 17/08/2010 22:56

Agree with trixy

babybarrister · 20/08/2010 08:11

This reply has been deleted

Message withdrawn at poster's request.

Eve · 20/08/2010 08:14

I would contact the police who came to see you to see the family are now hassling/ intimidating your son and make a complaint.

..but you are liable to pay for the damage. Your house Insurance should cover it.

ButterpieBride · 20/08/2010 08:20

Is it something to do with the age of responsibility being 10? Or is that a red herring?

cleverlyconcealed · 20/08/2010 08:24

My ds damaged a car with his bike. It was a brand spanking new Audi; he doesn't do things by halves. He completely wreaked the back light panel (handlebar went through it). I felt for the owner TBH, I'd have been gutted if it had been my car.

Our public liability on the house insurance coughed up.

tortoiseonthehalfshell · 20/08/2010 08:28

Yes, I would say that if you get the letter, you:

a) require some proof of damage - quote for repairs, etc
b) ask the family to talk to you not your son and make it VERY clear that if they approach him, it will not be tolerated
c) tell your home insurance company immediately, and they'll probably take it from there. Usually home insurance will cover this sort of thing unless there's been a deliberate wanton act, which there wasn't, here.

I'm pretty sure age of responsibility only applies to criminal matters, but I don't practise in England so will wait for others to chip in there.

ShinyAndNew · 20/08/2010 08:30

No. You're not liable. A child did deliberately damage bils car. Bil went to the mum to try and sort out it amicably. Her reply was "I have 7 fucking kids, you cunt. How the fuck am I meant to know where they all are and what they are doing? Does it look like I am bothered about your fucking car? Get the fuck out of my house or I'll tell him to smash your fucking windows too"

Bil then tried the police, who although they believed it was deliberate (there were witnesses) told him as nothing was on CCTV and it was the neighbours words against this boy and all his friends it would be unlikely anything could happen.

CAB told him the only thing he could do is claim on his car insurance.

It would be nice if you offered to pay towards the damage though. BIL and my sister were very stressed, it was a company car, they only have third party insurance because that is all they can afford and they were saving for a holiday, which had to be cancelled in order to pay for car repairs.

HollyGoHeavily · 20/08/2010 08:32

Not sure what the exact legal position is, but morally you should pay for the damage your son caused. Otherwise what does this teach him - that it's ok to go about damaging people's things because he'll never have to repair them...

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