Car damaged by child.

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Sat 22 Aug 2015 22:58
Car damaged by child. - Endymi0n

Hello guys,

So.. here's the story.

My neighbours made an "alcoholic party" and in the meantime they let their kids "play" on the parking lot. After some time when they've finished I've noticed a brick laying down near my car and some scratches and minor dents on the doors. It was quite annoying view to see especially that I've bought that car like a month ago... Also there is CCTV (which is not mine) on the street lamp.

Is there anything I can do so I don't pay for the damages they did?

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Sun 23 Aug 2015 00:39
Car damaged by child. - alan1302

If you can prove that they did it then you might be able to - otherwise you would have to pay for it yourself I'm afraid.

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Sun 23 Aug 2015 01:07
Car damaged by child. - focussed

You can try sending the bill to the parents but there is no legal way that parents can be held responsible for damage caused by their kids.

Where I live in France schoolkids have to be insured covering any damage they may do.

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Sun 23 Aug 2015 12:16
Car damaged by child. - FP

"... there is no legal way that parents can be held responsible for damage caused by their kids."

Not so.

"A parent can be held liable for their child’s negligence if the parent failed to take reasonable care to see that the child did not cause harm to others." tinyurl.com/pgbs2p6 (Citizens Advice) In legal terms "harm" may include damage to property.

The site referenced does make it clear that this is a complex area legally and specialist advice may well be needed.

In the case under discussion the OP does not seem to have proof regarding those he accuses. If he can get CCTV footage that would be different.

Edited by FP on 23/08/2015 at 12:17

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Sun 23 Aug 2015 22:57
Car damaged by child. - focussed

I repeat-parents and carers are not liable for the damage thet their kids do.

www.inbrief.co.uk/child-law/child-accidents-compen...m

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Sun 23 Aug 2015 23:49
Car damaged by child. - FP

"I repeat-parents and carers are not liable for the damage thet their kids do."

Sorry - I think you need to re-read the page you have referred to - all of it.

E.g. "In the case of a young child accompanied by an adult, it could be that the adult would be held wholly or partly responsible."

"If the child was escorted by a responsible adult at the time of the accident, it may be possible to take legal action against the adult, if it can be shown that the adult acted neglectfully by failing to oversee the child properly."

"Even if the child was not escorted by an adult, it may be possible to take legal action against an adult for failing to oversee the child at the time of the accident."

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Sun 23 Aug 2015 17:25
Car damaged by child. - Palcouk

You first need access to any CCTV, and if local Council they will doubtless say in the first instance that Data Protection prevents them giving you access. You would then have to use a solicitor to obtain access, all at your cost.

Only if the CCTV can identify the child can you then proceed, which in the first instance would be to approach the parents in a none confrontational way with the repair quotes from one of the many 'Dent Repair' peoples.

Any legal process is likely to be expensive and you will not recover these costs in any small claim.

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Sun 23 Aug 2015 18:33
Car damaged by child. - FP

"Any legal process is likely to be expensive and you will not recover these costs in any small claim."

I'm not too sure about this. If it seems appropriate (say, after consulting Cirizens' Advice) then a small claims process might be the way to go - this is not expensive in itself. But there is still the matter of obtaining proof.

Recovering costs (say, of consulting a solicitor) as part of the small claims process is another matter.

Realistically, it may be best for the OP to swallow his indignation and pay for the repair himself, or claim on his insurance. It's not fair, of course, if the kids actually are to blame.

Edited by FP on 23/08/2015 at 18:36

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Wed 26 Aug 2015 13:28
Car damaged by child. - concrete

Very difficult to act without evidence. If there is CCTV then find out who has it and ask for their help. If available you have the required proof to approach the parents, without it you risk not only alienating your neighbours but still having to pay the damage repair yourself. The ball is in your court now. Good luck.

Concrete

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