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My son acciadqentally adamaged car. need help! very urgent
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My 9 years old boy has accidentally damaged car. Driver turn down day after with the bill for almost 12 hundred pounds!!
Will explaind fully all situation. My boy been playing with kids, close to home. Been there about 8 deferent boys in the same age. My son with other nationality boy been stupidly drive the bike.( Sorry i wrote OTHER NATIONALITY, but will explaind later(. Both boys are really accidentally hit the cars door. Boys been not hurt. Even bike did not have any scratch. Driver been same nationality as the second boy- my son friend. My husband collect my son from that place and gave to driver our details to contact us soon, because we felt fully responsabile for our boy even if been accident only. Driver knocked to my house door next day morning. Accident been at 5pm day before. He came with bill of 1171,30 pounds.! How is possible boy on bike ( boy not hurted, bike not damaged)has damaged the car so much to make so high bill? I know mirror door been off but not damaged, door been scratched and has two black marks from bike, which can be cleaned.Been no more damages. On the bill:Door mirror renewed and painted,wing repaired and paited,door blend,door mld,door skin renewed and painted.I m not sure but i think door mirror cost less if will bought new one!2nd problem is:wasnt any damages on the wing...On bill isonly his name, no surname, no address. This car is worth 3000 pounds.Next problem is:driver came to our house only. Parents of second child will not pay it? I told him i can pay when otherparents will pay too. He said was no 2nd boy, been my son only! Police been there and police officer told us been two boys, not only my son! He com now everyday afternoon and he shaut he wants i will pay full now.Idont have that amount to pay,i dont have house insurance. please help i dont know what doing.........I feel is too much. i dont have a car so i dont really know how much cost repairs like that. I hope someone will be able to give me some advice. Veronica
Read more: My 9 years old boy has accidentally damaged car. Driver turn down day after with the bill for almost 12 hundred pounds!! | Answerbag http://
Will explaind fully all situation. My boy been playing with kids, close to home. Been there about 8 deferent boys in the same age. My son with other nationality boy been stupidly drive the bike.( Sorry i wrote OTHER NATIONALITY, but will explaind later(. Both boys are really accidentally hit the cars door. Boys been not hurt. Even bike did not have any scratch. Driver been same nationality as the second boy- my son friend. My husband collect my son from that place and gave to driver our details to contact us soon, because we felt fully responsabile for our boy even if been accident only. Driver knocked to my house door next day morning. Accident been at 5pm day before. He came with bill of 1171,30 pounds.! How is possible boy on bike ( boy not hurted, bike not damaged)has damaged the car so much to make so high bill? I know mirror door been off but not damaged, door been scratched and has two black marks from bike, which can be cleaned.Been no more damages. On the bill:Door mirror renewed and painted,wing repaired and paited,door blend,door mld,door skin renewed and painted.I m not sure but i think door mirror cost less if will bought new one!2nd problem is:wasnt any damages on the wing...On bill isonly his name, no surname, no address. This car is worth 3000 pounds.Next problem is:driver came to our house only. Parents of second child will not pay it? I told him i can pay when otherparents will pay too. He said was no 2nd boy, been my son only! Police been there and police officer told us been two boys, not only my son! He com now everyday afternoon and he shaut he wants i will pay full now.Idont have that amount to pay,i dont have house insurance. please help i dont know what doing.........I feel is too much. i dont have a car so i dont really know how much cost repairs like that. I hope someone will be able to give me some advice. Veronica
Read more: My 9 years old boy has accidentally damaged car. Driver turn down day after with the bill for almost 12 hundred pounds!! | Answerbag http://
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Contrary to popular belief you can sue or be sued in the civil courts from birth but until you are 18, you will need an adult to act as “next friend”. The age of 10 is the age you lose complete immunity from criminal prosecution you may wish to look at the well-known case of Walters v Lunt 1951.
If you wish to pay ask the driver to obtain further quotations or make a claim on his insurance policy, the insurers may pursue you or may not.
If you wish to pay ask the driver to obtain further quotations or make a claim on his insurance policy, the insurers may pursue you or may not.
It's a fair point by Tony, but a difficult question arises. In order to become a "next friend" (now a litigation friend) that person has to consent to pay any costs awarded against the child. No one is going to voluntarily do that so it is likely the Official Solicitor would have to become involved.
The second issue here is the question of proof. There appears to have been two boys involved, the Claimant will have to prove that it was one or the other of them (or both of them). That's going to be difficult without evidence.
Thirdly, I consider that if the Claimant is successful in proving that Child A was negligent, how is Child A going to pay? I think one then has to look to the parents. Halsburys says this "Prima facie a parent is not liable for a tort committed by his child. Where, however, a child causes injury to others the parent or any other person in charge of the child may be liable if the parent or other person has control of a dangerous thing which causes the injury or is negligent, either in permitting the child to use a thing which is dangerous in itself or known to be dangerous or capable of causing danger to others or in not exercising proper control and supervision of the child. A parent may also become liable where he has previously authorised or subsequently ratified the child's act."
The second issue here is the question of proof. There appears to have been two boys involved, the Claimant will have to prove that it was one or the other of them (or both of them). That's going to be difficult without evidence.
Thirdly, I consider that if the Claimant is successful in proving that Child A was negligent, how is Child A going to pay? I think one then has to look to the parents. Halsburys says this "Prima facie a parent is not liable for a tort committed by his child. Where, however, a child causes injury to others the parent or any other person in charge of the child may be liable if the parent or other person has control of a dangerous thing which causes the injury or is negligent, either in permitting the child to use a thing which is dangerous in itself or known to be dangerous or capable of causing danger to others or in not exercising proper control and supervision of the child. A parent may also become liable where he has previously authorised or subsequently ratified the child's act."
Thank you very much Barmaid for your thoughts and opinion. There appeared to be some confusion over the age of responsibility in civil and criminal law and it may be important the difference is correctly understood.
Unfortunately our paths may divide over the points you raise. It is doubtful the official Solicitor would wish to become involved when there are parent/parents who can occupy the position of next or litigation friend without a very good reason why they will not, I suspect they would wish to become next or litigation friend. The poster (Veronica) appears to be concerned over the amount claimed for the repair rather than the responsibility for the repair and additional quotations may resolve this point. Veronica appears to be a very responsible person who would expect her child, and also the other child, to take responsibility for the damage each has allegedly caused. Thirdly it may be the parents accept liability for the damage that has occurred and may prefer to compensate the vehicle owner rather than engage in civil action.
Unfortunately our paths may divide over the points you raise. It is doubtful the official Solicitor would wish to become involved when there are parent/parents who can occupy the position of next or litigation friend without a very good reason why they will not, I suspect they would wish to become next or litigation friend. The poster (Veronica) appears to be concerned over the amount claimed for the repair rather than the responsibility for the repair and additional quotations may resolve this point. Veronica appears to be a very responsible person who would expect her child, and also the other child, to take responsibility for the damage each has allegedly caused. Thirdly it may be the parents accept liability for the damage that has occurred and may prefer to compensate the vehicle owner rather than engage in civil action.
The work could not have been done by the time the quote was produced. Hopefully, it has still not been done. Veronica should get someone who knows something about car damage repairs & ask to inspect the car with that person, in order to identify what damage there actually is. She should then says she needs two other quotes on the letterheads of the garages providing them.
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