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A kid on a quad bike damaged my car - can I take the father to small claims court?
I was driving with my ten year old at around 10-15 mph (there are people who can vouch for this) when I heard a thud. When I got out it, I realised it was a child who had run into my car on a quad bike. An ambulance was called and the child was okay, although his father's first thought was to take the quad bike and hide it rather than check the well-being of his kid. I was in shock so wasn't aware of why he was doing this, but when the police arrived at he scene they told me that he had probably done this due to it being illegal to drive these on a road - especially if they are uninsured. The police have vouched and said it was clear the child hit my car, so the father verbally agreed at the scene to pay for the damage to the car, which belongs to my father. My dad and I don't want to claim on the insurance and didn't think we would need to as I was told it would be covered. I can only afford to pay a small amount each month to be insured to drive this car and it would be impossible for me to do so otherwise. I contacted a few places and was told that the cost would be around £1000. So when I contacted the child's father he told me they had lost an expensive quad and would not be covering the damage, which was 'not his problem'. I'm the carer of a disabled child so I'm unable to work at this time, I can't afford the repairs. Do I have a case against this man in small claims court? It's quite clear this family could cover the cost as they have well paid jobs, which they told me about at the time of the accident. I absolutely cannot afford my insurance to go up because of this, so cannot claim.
Asked on 7 March 2018 by Kareen docherty
Answered by
Honest John
Yes, take to it to small claims court. You either need to have an independent engineer inspect your car to evidence the cost of repair, which will cost about£150-£200 if you contact the IAEA (www.iaea-online.org), they can point you in the right direction. If you cannot afford this fee, go to a respectable bodyshop and ask if they can do a "pro forma invoice" at retail rates. Then use claims online: www.moneyclaim.gov.uk/web/mcol/welcome (here is a guide on how to do it: www.gov.uk/government/uploads/system/uploads/attac...f). Issue against the father of the child for the amount of the cost of repair.
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