laser ed

hi

just like to thank u all for your comments about my RB5 getting scratched,

i am just letting u all know that she is not going to pay for the damage that her child has done, i dont think it would be worth it to take her to court as she has no money and dose knot own her on house and i could not be done with the hassle of trying to get blood from a stone.

Peanuts

iTrader: (15)

report the incident, get an admission from her that it was indeed her child that ruined your motor.
get a crime ref. number and then claim it on the insurance, she might be more willing to cough up towards your excess rather than a couple of Łk for a full respray on her own.
chances are she is either really gutted and would like to help but genuinly cant. or, she doesnt give a toss about you or your car and is trying it on.

at the end of the day she is responsible for the damage and letting her get off scot-free hardly teaches her that she needs to start giving a shyt about where her kids are and what they are doing.
(remember that little Johnny still thinks it was a cracking wheeze to carve waves and spirals on your bodywork).
at least report the crime and have her warned officially so that nobody else down your way suffers the same fate.
if you then decide (as you have) that you wont be pressing for compo thats your choice, but get the lesson taught for everyone else's sake.

Peanuts

iTrader: (15)

sorry,

I feel gutted for you, forgot to say that above

prodriva

Agree with Peanuts totally. Why should you have to claim without mention to your insurance company what has happened. It will end up being classed as a fault claim and your premiums will be effected for the next 5 years. So get a crime number (if the Police are interested) and do the right thing.

I take it this happened when the car was parked os a public road where are aloud to park. If so the Police should look into the case and give you a crime number. If not they wont be interested from my experience.

Good luck.

fitzscoob

that blows mate, dont rule out county court, the judge can make her pay a set amount to you per month. Some old codger had to pay me Ł130 per month to pay for his little accident. Atleast then you can pay up for the respray knowing that you will get your money back eventually.

Good luck

Graz

Surely your insurers can fight this one for you. If the woman has admitted her kid has done it then they should be able to recover your expenses for you. It shouldn't effect your no-claims etc. as it wasn't your fault.

SPEN555

Sounds a real pi$$er.

I would have thought you are if you are making a claim on the insurance then the insurance will not be claiming the money back from anyone else so it will effect your NCD?

Damian.

The Mutz Nutz

That's right mate, if you make a claim for anything that there's no third party to recover the costs from then it goes down as a non fault claim and your NCD is affected. It's total sh!te but that's how it works.

GaryScoobNCBR

I would maybe speak to her again whilst recording the conversation, this way is she tries to deny it when the police knock on her door you have some backup

Graz

But there is a third party to recover the claim from. The insurers will take them to court on your behalf.

Do you have any independent witnesses of the kid damaging your car?

Peanuts

iTrader: (15)

the next door neighbour saw the whole thing, it should in theory be game over.
pass the responsibility to the insurers and let them claim the 50p a week.

Richard Askew

Peanuts - exactly its a no-brainer - pass it over

Or get it the county court and let the bailiffs remove goods to the value - little ****** will learn his lesson without telly or a playstation, and sofa and bed and whatever else thats gonna help towards it

talizman

iTrader: (1)

The police cannot and will not provide you with a crime number if the child is under the age of criminal responsibility.

IIRC, the child has to be over 8 to be held criminally responsible for a crime such as vandalism.

Dazza01

I actually thought it was 11 ?

so any bratt under 8 can damage / burn / vandalise anything and the police won't do anything surely not ????

talizman

iTrader: (1)

I stand to be corrected, but that is my recollection of it.

talizman

iTrader: (1)

I've just checked, and in Scotland (where I am), the age of criminal responsibility is 8, however, I believe that in England it may be 10, but obviously the higher it gets, the worse off the victim, as it gives the offender immunity from prosecution for more years.

talizman

iTrader: (1)

Ages of criminal responsibility

Poor Guy

Sue the bitch.

Or burn her ****in house down

Peanuts

iTrader: (15)

The police cannot and will not provide you with a crime number if the child is under the age of criminal responsibility.

my recollection is that they will not pursue the matter, a crime has still been commited and they will (I believe) issue a number, but they will not follow it up or pursue prosecution that is doomed to fail.

bet if the little ****** had been riding a bike at 1mph over the limit they'd have been round his mums like a shot for their sixty quid!!

terzo204

Right of subrogation - if you dont take he to court and you claim on your insurance then you insurance co might well do so anyway !!

I believe that the legal age of responsibility may be an irrelevant arguement - will the parent/guardian will be held responsible insted??

talizman

iTrader: (1)

Raising a crime report where the accused person or offender is immune from prosecution is a fruitless task, therefore will not be done.

Notwithstanding, there may be certain police forces who will raise a crime report, for crime recording measures, rather than actual prosecution.

talizman

iTrader: (1)

It is possible that in a small claims court, or a county court then a decision may be held that the parent or guardian are responsible for the child's actions, but not in a criminal court.

fire ball

if she has house insurance she can clam off of it for the damage to your car

my son hit someone's car and that's how it was payed for

greg.g

I had to claim on my own car insurance when i was recently car jacked

M444GY

iTrader: (72)

shes a ****in chav then!

WR1 Wannabe

What does she look like? There are other forms of compensation...

chris's scooby

Just CCJ her if she won't pay up. She'll soon learn to keep her brat under control once there's been a County Court ruling against her.

She may not have a pot to pi$$ in now but that may not always be the case and she won't want to damage her credit history too much.

greg.g

I wonder if the child welfare people might be interested.
After all, she did let a 4 year old child play unsupervised near a public road

Aaquil

Where is the original thread did her kid damage your car deliberately?!!! Sorry to hear your lovely RB5 got scratched that's really bad news.

laser ed

i wouldn't touch it with yours