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SAGA HAVE DIRECTLY CONTACTED MY 10Y OLD BROTHER......

42 replies

lissie · 01/07/2007 18:25

.... asking him to pay £1000.

he accidentally hit a womans car about a month ago on his bike. he wasnt hurt the cars paintwork was scratched and a mirror was broken. so he has to pay up!

OP posts:
Aloha · 01/07/2007 18:26

But he's only ten. They would have to sue his parents for it, surely?

Hulababy · 01/07/2007 18:26

Can a 10yo even be held responsible?

SaintGeorge · 01/07/2007 18:27

Isn't the whole point of insurance that it pays out for stuff like this? SAGA are having a laugh surely.

Not happy with insurance types today.

lissie · 01/07/2007 18:29

dont know. because he doesnt have insurance (he's 10 ffs!) and he hit her its his fault.

OP posts:
SaintGeorge · 01/07/2007 18:31

No, it's an uninsured loss.

If she has comprehensive insurance or uninsured loss cover then she is ok. If she only has 3rd party F&T, then she is screwed. Her problem, not your brother's.

DominiConnor · 01/07/2007 18:31

As I recall you can't sue someone for the acts of their kids unless the parents helped or acted recklessly.
This sort of thing is the lifeblood of consumer journalism.
My gambit would be to get a phone recording of your 10yo brother speaking to Saga.
Employees of insurance companies are scum, some are efficient bastards, others are merely evil drones.
They will say all sorts of things that when played back will embarass Saga greatly. I'd give 50/50 they threaten him with jail.

After you have the recording, contact (say) BBC Watchdog, or the Sunday Times.
Saga will deny it all. Under financial regulations it is a criminal offence for an insurer to employ honest people.
Then produce the recordings...

edam · 01/07/2007 18:51

StG is right, uninsured loss and her insurance co. know full well cyclists are not required to have insurance. Let alone 10yos, FFS!

Ladymuck · 01/07/2007 18:51

DC, whilst I'm tempted to believe this I'm not sure that it is true!

lulumama · 01/07/2007 18:52

£1000 is an awful lot for scratched paintwork and a broken mirror

that aside, do what DC suggested

SaintGeorge · 01/07/2007 18:59

I reckon £1k is feasible - you don't need much damage to require a full panel respray, more if you are unlucky enough that it goes across panels.

Insurance companies can all go to hell anyway as far as I am concerned

lulumama · 01/07/2007 19:00

fair enough ! just someone hit me once, and dented my car quite badly, and cost me £400 to have it repaired, so £1000 sounded a lot

FluffyMummy123 · 01/07/2007 19:01

Message withdrawn

lissie · 01/07/2007 19:08

i think my dad is going to pay it, just cant believe that they are chasing a 10y old!

OP posts:
BreeVanDerCamp · 01/07/2007 19:10

Lissie

Tell him MNet forbid it .

Hulababy · 01/07/2007 19:11

Tell him not to pay it.

lissie · 01/07/2007 19:11

what can they do if he doesnt pay it tho?

OP posts:
foxinsocks · 01/07/2007 19:12

no, don't pay it. £1000 is taking the piss. They are bargaining on you just paying up.

Hulababy · 01/07/2007 19:12

Seeing as they are dealing with a minor, not very much I shouldn't think.

BreeVanDerCamp · 01/07/2007 19:12

Wait and find out, the Daily Mail would love this.

Go down to the wire.................

Hulababy · 01/07/2007 19:14

You dad could contact CAB or a solicitor for advice.

SaintGeorge · 01/07/2007 19:15

Right I have just checked and found out the following:

Traffic accidents

This information applies to England, Wales, Scotland and Northern Ireland

  • Traffic accidents Bicycles

If someone has been in an accident involving a bicycle, they should be aware that cyclists do not have to be insured for damage to the bicycle, any other vehicle or for personal injury. However, the cyclist may be covered under another insurance policy, for example, their home contents policy. If the accident happened on the way to or from work, or whilst at work, the person who had the accident may be covered by their employer?s insurance or may be able to obtain advice and assistance from a trade union.

If the cyclist has inadequate insurance it will probably be easier to claim on the insurance of the person who had the accident and let the insurance company take action against anyone who is liable.

If none of these is possible, the cyclist could be sued in court for compensation - see under heading Taking court action.
But also this:

Children

If someone is involved in an accident caused by a child, it can be difficult to prove that the child's behaviour has been negligent. Even if negligence by the child can be proved, it may not be worth pursuing any legal action as the child is unlikely to have any money. However, a judgment can be enforced for six years following the date of the judgment, during which period the child may become able to pay.

If the child was accompanied by a responsible adult at the time of the accident, it may be possible to sue the adult, if it can be shown that the adult acted negligently by failing to supervise the child properly.

SaintGeorge · 01/07/2007 19:16

So going by that, I would get your dad to check the house insurance. Failing cover on that, I would write to SAGA and make sure they know your brother is 10 and does not have savings. If they still push it, contact the press.

SaintGeorge · 01/07/2007 19:17

Sorry, should have said - that lot is cut & pasted from the CAB website.

willywonka · 01/07/2007 19:19

Reckon they're just trying it on. My Mum's car was parked up in a car park a few years ago when she was attending a meeting in the building next door. A vehicle skidded off of the mini roundabout outside, hit the car next to my Mum's which then caused the damage to hers. A few weeks later Mum received a letter from one of the insurance companies suggesting that she was liable, despite not having even been in the vehicle! Needless to say, they didn't get away with it but shows that they'll generally try anything. As already advised, get some legal advice and this should get sorted.

glitterball · 05/07/2007 20:31

Saga have a bad reputation for this kind of thing - they only insure 'older' drivers who are also often the sort of people who refuse to lose their no claims bonus of donkeys years - and would rather hound a 10 year old instead!

The reality is that if your parents refuse to pay - as they should - then Saga will almost certainly forget about it. the courts would be very unhappy about any proceedings being taken against a minor and could well use their owers to dismiss the claim if it got to that stage - which hopefully it wouldnt!

I have been asked to pay for damage to a car my son did when he fell off his bike near our house - he was 6 at the time. I politely advised the person concerned she should use her insurance - her answer to that was that the damage was less than her excess - so I told her she'd have to pay it herself - or sue me. thankfully i never heard anything more about it.

tell your parents to point out to Saga that your brother is 10, that he does not have any insurance and in any event it was an accident and therefore their policyholder should use her insurance to pay for the damage as thats what it's there for rather than harassing a minor - otherwise you will inform the press.

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