Ds damaged a car, are we liable to pay?

[Wallace]

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?

Not so.

It was a total accident.

An eleven year old can not be held legally responsible.

Tell them to contact their Insurance Company.

I think you have to ask yourself how you would feel if it was your car. And then decide whether or not to make at least a contribution towards the damage. It was an accident yes and he may not be legally liable but why should the car owner bear the brunt of the cost?

The Rule of Law applies. You are NOT liable.

Has your ds apologised?

Have you tried talking to the car owner at all?

If I were you I would be at least offering to pay their excess.
Couldn't give a stuff about legal position, morally to say oh well, they can go through their insurance, stuff em, is pretty harsh.

They could be just as skint as you are.

Is the age where someone is repoonsible for accidental damage (as opposed to criminal damage) actually written in law?

I would get onto the CTC and ask them the question

For anyone else think about joining the CTC as they cover personel liability for cyclists

To the OP. Wait until you get a letter from the car owner and then come back here and discuss it further.

There is no evidence that any damage was actually caused.

I agree with the people who say that regardless of the legal side of things, you should offer to pay at least some of the cost of the repairs.

When I was about the same age, I rode my bike into a car and smashed a light. I was all for scarpering, but the boy I was with made me go and fess up. At my dad's funeral a few years ago, the guy whose car it was came up to me and told me that the last time he'd seen me was that day and that he appreciated my honesty in knocking on the door (30 years or so earlier...).

But these circumstances are different.

The driver in this case falsely accused the poor little boy of deliberate vandalism.

That response would make me ( if I was the OP ) dig my heels in and refuse to entertain any payment.