child damages car

[jay3]

a nighbour child has damaged my car they have posted a note and asked me to get some quotes, i have even asked them to get quotes of there own it was quite expensive as its my bonnet they are now refusing to pay and told me to claim on my car insurance, can i take the parent to court the bot is six ?

[Zacs-Master]

They're refusing to pay your bonnet?

[cassa333]

I think you are supposed to claim from your insurance but give them all the details of the person that did it ie: the childs name his parents name and contact details and leave it up to them.

I would also check that your no cliams will be protected!!!

[dotty.]

i've seen this post before

[EDDIE51]

If you claim on your insurance you will find your premiums go up next year even if you have a protected bonus. ( they just put up the base premium) This is because you will have a 'claims history' even though the damage was not your fault. The increased premiums will continue for the next 5 years. You will need to claim this extra cost back from the parents you are going to be out of pocket. I would look at getting it fixed privately and sending them the bill, the insurance company are going to recover their costs from them anyway so it will be cheaper for both parties if you do it privately. They have accepted responcibility by asking you to get quotes .

[EDDIE51]

cassa333 a protected NCB is worthless , it is just a con to get more cash out of you. All that happens is that the insurance company raises the base premium that the NCB is calculated from . Once you have any claim even one that is not your fault your insurance will go up substantially , protected NCB or not, and stay high for the next 5 years.

[TWR]

Mine field Neighbour wise here Jay, at times you need neighbours! I would try & solve the problem out between you, I would also explain to them the problems regards your N.C. do you know for sure it was their child?

[Peter Pedant]

.

I would rely on the note that says the parents will pay.

[cassa333]

I have protected no claims and mine didn't go up (other than inflation) when I had to claim so your assumption it is worthless is wrong.

Anyway unless you intend to send the heavies round you will either have to take the parent to the small cliams, pay for the repair yourself or claim on your insurance.

[DSJ]

jay3 says that the neighbours posted a note to ask her to get quotes so they are admitting that the damage was done by their child.

[McMouse]

Speak to your insurers. Many insurers insist on handling claims and discussion with the other party.

[tonywiltshire]

Not a good way to improve neighbour relations. You can take legal action despite the boy being only 6, who will need to have a next or litigation friend, probably a parent. Be reasonable as English law likes reasonableness, if your reasonable request is ignored you can start action.

[bundleone]

The child is below the age of criminal responsibility, it may not seem fair but I dont think you will be able to make them pay.Perhaps they will be prepared to pay part if it costs more than they were expecting when they first offered.

[tonywiltshire]

Contrary to popular belief you can start civil action against a person from birth, up to age 18 they will need a next or litigation friend, who is often a parent. The age of 10 is when you lose immunity from criminal prosecution, you may find Walters v Lunt 1951 of interest.
As with any Civil action first ensures the family are able to pay before starting action and try to recover the cost of repair without court action if possible, court action should be the last resort.