BMW 3 Series - Car Damaged by a Child

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Sat 3 Feb 2024 18:24
BMW 3 Series - Car Damaged by a Child - Daniel Mortimer
My car has been parked on my drive and the neighbours child aged approx 6/7 years old has put a massive dent in the car door, this is the second time this child has damaged my car on my drive within the last year (first time scratched the bumper with their bike). I have CCTV footage of both incidents and wondering what the legal options are. I know it’s been said in the past kids and the parents of kids arn't liable for damage and police won’t do anything, however was wondering if it would be seen differently if the damage was done on my property, it not being the first time and having CCTV proof of both incidents. Thinking small claims court maybe my only option if it cannot be resolved amicably

Edited by Daniel Mortimer on 03/02/2024 at 18:25

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Sat 3 Feb 2024 18:44
BMW 3 Series - Car Damaged by a Child - leaseman

I think in the first place you should have a conversation with the minor's parents or guardians.

Does that make sense, before doing anything else?

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Sat 3 Feb 2024 20:34
BMW 3 Series - Car Damaged by a Child - Daniel Mortimer
I’ve been here once already in the last year remember and ultimately I ended up paying for the bumper to be repaired, so I’m not holding my breath but you never know. I might be asking for an answer that doesn’t exist here but if I end up having to pay again, what’s my chances of getting some or all the costs back in small claims court given the evidence I have. I’m really reluctant to let this kid and his mother keep damaging my car with no consequences and me having to have damage repaired to a 40k car I’ve owned less than a year that I do my best to keep well out of harms way.
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Sat 3 Feb 2024 22:29
BMW 3 Series - Car Damaged by a Child - bathtub tom

Presumably the kid's parents have home insurance? If you've video evidence, then small claims court may be the way to go, although I hear they've a massive backload.

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Sat 3 Feb 2024 23:26
BMW 3 Series - Car Damaged by a Child - Andrew-T

The trouble with this is that you have to continue living next door to those neighbours, whose reaction may be unpredictable and possibly negative. Only you can judge. I presume you have a shared driveway which this kid invades ? Maybe you could suggest a boundary of some sort to prevent incursions ?

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Sun 4 Feb 2024 04:47
BMW 3 Series - Car Damaged by a Child - leaseman

It is my understanding (without any legal qualifications at all) that:

  1. The law in England and Wales states that parents or carers cannot be held responsible for the damage that their children cause. However, parents may feel a moral obligation towards the injured party.
  2. The children are under the age of legal responsibility themselves.
  3. Court action against the parents or the children will, therefore, not pass the first hurdle.

Do you have Legal Cover included in your car or home insurance cover?

It is worth speaking to your local police to ask their advice.

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Sun 4 Feb 2024 08:33
BMW 3 Series - Car Damaged by a Child - Daniel Mortimer
From the above basically looks like a kid can do whatever they want to peoples property without repercussions, which sounds about right for this country, but I will take you advice and get the police view. Without consequences where is the incentive to be more careful??
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Sun 4 Feb 2024 08:29
BMW 3 Series - Car Damaged by a Child - Daniel Mortimer
Separate driveways but no boundary between the 2 so he can cross over when he wants, I’ve priced up a fence between the 2 driveways after the last incident, the only reason I didn’t go with it was the people opposite park their 2 cars on the road, meaning if I put up a fence it would make it really difficult for my neighbour to get on and off her drive, maybe I’m too nice and should have just done it.
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Sun 4 Feb 2024 08:32
BMW 3 Series - Car Damaged by a Child - skidpan

It is my understanding (without any legal qualifications at all) that:

  1. The law in England and Wales states that parents or carers cannot be held responsible for the damage that their children cause. However, parents may feel a moral obligation towards the injured party.
  2. The children are under the age of legal responsibility themselves.
  3. Court action against the parents or the children will, therefore, not pass the first hurdle.

I would speak to a qualified solicitor about this matter as the above advice seems to me to be totally wrong.

As the poster says "without any legal qualifications at all".

Edited by skidpan on 04/02/2024 at 08:33

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Sun 4 Feb 2024 09:37
BMW 3 Series - Car Damaged by a Child - craig-pd130

I'd try the following:

1) Discuss with the neighbour as amicably as possible without the CCTV footage initially.

2) If they don't believe you, then show them the footage.

At this point, if I was the neighbour, I'd be mortified and would pay up (whether by insurance or not). However, if they still prove stubborn, then you can say 'OK then, I'll take it to small claims.'

If they're going to dig their heels in over an incident like this, then they've proven what kind of neighbours they are and there's no point in trying to keep things sweet.

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Sun 4 Feb 2024 23:44
BMW 3 Series - Car Damaged by a Child - Terry W

Google search:

In England and Wales, parents or carers are not automatically liable for the personal injury, loss or damage that the child has caused. However, if a parent was negligent in, for instance, allowing the child's actions that caused harm or injury, or for failing to prevent the incident – the parent could be held liable.

Whether the parent was negligent in allowing the child to damage your car is a legal judgement of the circumstances - although at the age of 6/7 a child should understand if told where they are allowed to play.

As above talk to solicitor to understand whether you would likely have a claim. Then talk to parents before making a claim. There is no point in making claim threats if they are empty, but if a claim is plausible it will focus discussion with parents.

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Mon 5 Feb 2024 07:33
BMW 3 Series - Car Damaged by a Child - up north

Personally I would show them the footage and ask them what they are going to do whilst at the same time telling them you are considering putting a fence up so it doesn't happen again. That way at least it won't happen again, it will without a fence. You could suggest they either pay for repair or half the cost of the fence, their choice.

It will have to be a solid fence, as you'll probably have the same kid clattering that!

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Mon 5 Feb 2024 09:52
BMW 3 Series - Car Damaged by a Child - Daniel Mortimer
I priced up a fence that couldn’t be climbed up from their side, as this is a common occurrence in the summer on the fence separating our back gardens, anyway. Thanks for all the advice, I have spoken with the neighbour, they basically said they don’t have the money to help pay unless it like 60 quid ??, so will take some legal advice and go from there, I think small claims and a fence is going to be the end product.

Thanks all.
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Mon 5 Feb 2024 12:11
BMW 3 Series - Car Damaged by a Child - skidpan
they basically said they don’t have the money to help pay unless it like 60 quid ??,

Well that looks like an admission to me, try and get it in writing, would make great evidence in court.

As for a fence it will need to be sturdy. Timber would be of of no use, a child would damage it as easy as they would a car. I would suggest steel palisade fencing but with no spikes on top (even though it might seem like a good feature).

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Mon 5 Feb 2024 09:54
BMW 3 Series - Car Damaged by a Child - Andrew-T

It will have to be a solid fence, as you'll probably have the same kid clattering that!

But it should not need to be more than a foot or two high !

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