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Damage to car (scraped by kid on bike)

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Comments

  • Registered Users Posts: 5,976 ✭✭✭CollyFlower


    The parent sounds like the type of person who'd come after you for damage to their child and their scooter.


  • Posts: 0 [Deleted User]


    Hi, parked at school. Sitting in car.

    Child crashed (was going to fast or maybe didn't hit brake hard enough) he only about 6 years old. Accidents happen and he did look scared when i got out of car. Parent just ushered him to keep going and just blanked me.

    Long story short, car is fairly new, I got out of my car when I heard him hitting it (with bike) parent ignored me and continiued to drop kid in school, I didn't want to make a scene but I feel the parent knew exactly what happened and played dumb.

    What are my options? Its about 350.00e + Vat to repair it. I understand its cosmétic but just pissed me off this scrote gets to just walk away, no apologies, not a care in the World!

    I have their address and name. Can the bill or letter be sent there from a solicitor?

    Garda said it was a civil matter, unless it was intented as criminal act....
    350, sounds pricey for a scrape, must be a main dealer or even worse a volkswagen dealer

    Surely could be done cheaper by a small garage?


  • Registered Users Posts: 3,826 ✭✭✭ozmo


    Barktastic wrote: »
    350, sounds pricey for a scrape, must be a main dealer or even worse a volkswagen dealer

    Surely could be done cheaper by a small garage?

    Yah - bad as it is - I'm not really surprised a parent will just keep walking - they know they could be presented with any number at all here if they admitted responsibility and offered to pay - replacement car while being resprayed etc could be huge if someone really tried to rub it in.

    Someone, unknown, scratched my rental car in UK while It was parked and I was away - I had to pay rental company 30 pounds to get it repaired - which I thought was very fair and didn't question it.

    “Roll it back”



  • Registered Users Posts: 3,826 ✭✭✭ozmo


    Peregrinus wrote: »
    This is why you have insurance, people.
    .

    Dont think any policy i ever had would have covered that. Ive had fully comp.

    Usually an excess- and you would be expecting to pay it all back to them and then some with increased premiums if you did get anything.

    “Roll it back”



  • Registered Users Posts: 4,772 ✭✭✭meathstevie


    Hi, parked at school. Sitting in car.

    Child crashed (was going to fast or maybe didn't hit brake hard enough) he only about 6 years old. Accidents happen and he did look scared when i got out of car. Parent just ushered him to keep going and just blanked me.

    Long story short, car is fairly new, I got out of my car when I heard him hitting it (with bike) parent ignored me and continiued to drop kid in school, I didn't want to make a scene but I feel the parent knew exactly what happened and played dumb.

    What are my options? Its about 350.00e + Vat to repair it. I understand its cosmétic but just pissed me off this scrote gets to just walk away, no apologies, not a care in the World!

    I have their address and name. Can the bill or letter be sent there from a solicitor?

    Garda said it was a civil matter, unless it was intented as criminal act....

    It’s not a criminal matter since the child is clearly less than 12 years of age. Children under 12 are not criminally liable in Ireland.

    It could well be that the parent(s) are liable to cover the damage but I’m not enough of a legal mind to tell you with any certainty.


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  • Registered Users Posts: 40,060 ✭✭✭✭ohnonotgmail


    It’s not a criminal matter since the child is clearly less than 12 years of age. Children under 12 are not criminally liable in Ireland.

    It could well be that the parent(s) are liable to cover the damage but I’m not enough of a legal mind to tell you with any certainty.

    they're not.


  • Registered Users Posts: 2,911 ✭✭✭Eggs For Dinner


    ozmo wrote: »
    Dont think any policy i ever had would have covered that. Ive had fully comp.

    Usually an excess- and you would be expecting to pay it all back to them and then some with increased premiums if you did get anything.

    Every comprehensive policy covers it. It's an "Accidental Damage', but you're right about the excess and possible increased premium.


  • Posts: 0 [Deleted User]


    Hi, parked at school. Sitting in car.

    Child crashed (was going to fast or maybe didn't hit brake hard enough) he only about 6 years old. Accidents happen and he did look scared when i got out of car. Parent just ushered him to keep going and just blanked me.

    Long story short, car is fairly new, I got out of my car when I heard him hitting it (with bike) parent ignored me and continiued to drop kid in school, I didn't want to make a scene but I feel the parent knew exactly what happened and played dumb.

    What are my options? Its about 350.00e + Vat to repair it. I understand its cosmétic but just pissed me off this scrote gets to just walk away, no apologies, not a care in the World!

    I have their address and name. Can the bill or letter be sent there from a solicitor?

    Garda said it was a civil matter, unless it was intented as criminal act....
    strange thing for a garda to say. I don't think a child of six can intend a criminal act and how can it be a civil matter when the parent is not responsble?


  • Registered Users Posts: 23,179 ✭✭✭✭ted1


    Every comprehensive policy covers it. It's an "Accidental Damage', but you're right about the excess and possible increased premium.

    No claims protection is common with most policies these days


  • Posts: 0 [Deleted User]


    ted1 wrote: »
    No claims protection is common with most policies these days
    Does that increase the premium?


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  • Registered Users Posts: 23,179 ✭✭✭✭ted1


    SoulWriter wrote: »
    Does that increase the premium?

    Not really


  • Registered Users Posts: 1,991 ✭✭✭Mongfinder General


    On a hiding to nothing here unfortunately. If you are going to pursue this make sure you have a witness to back you up and confirm that you were parked legally. If you were parked on the kerb, it could be interpreted as contributory negligence.

    I’m not sure if you have kids in the school but you’ve got to think of them too. Edit - I’ve just read that you do have kids in the school. I’d let this incident go.


  • Registered Users Posts: 25,907 ✭✭✭✭Peregrinus


    On a hiding to nothing here unfortunately. If you are going to pursue this . . . .
    Let me fix this for you:

    "If you are going to pursue this, think again. There is nothing to pursue. Nobody is liable for this damage. You cannot sue the child successfully. You cannot sue the child's parents successfully. You cannot sue the school successfully. You cannot sue the Council successfully, or the State. You have no remedy based on anyone's negligence or want of care. This is accidental damage. Accidents happen.

    You may or may not have insurance cover in place for accidental damage of this kind. If you do, make a claim. If not, think about whether you would like to effect insurance against damage of this kind for the future."


  • Registered Users Posts: 1,373 ✭✭✭ezra_


    Peregrinus wrote: »
    "There is nothing to pursue. Nobody is liable for this damage. You cannot sue the child successfully. You cannot sue the child's parents successfully. You cannot sue the school successfully. You cannot sue the Council successfully, or the State. You have no remedy based on anyone's negligence or want of care. "


    Sounds like a Constitutional challenge so!


  • Registered Users Posts: 40,060 ✭✭✭✭ohnonotgmail


    ezra_ wrote: »
    Sounds like a Constitutional challenge so!

    on what basis?


  • Registered Users Posts: 25,907 ✭✭✭✭Peregrinus


    Constitutional challenge to which law, exactly?

    Your problem here is that there sn't any law making someone liable to compensate you for accidental damage to your car. So, nothing to challenge or to ask the courts to strike down. If you head off to court complaining that the law you want doesn't exist, the court will point out that making laws is the business of the Oireachtas, and instead of taking legal action you should engage yourself in the political process and work to get the law you want enacted.


  • Registered Users Posts: 1,373 ✭✭✭ezra_


    Peregrinus wrote: »

    Your problem here is that there sn't any law ...


    That seems to have been the basis for most of the higher profile Constitutional challenges over the past while...



    All variations on the 'I feel aggrieved and I want someone else to suffer as as a consequence of that' school of thought.


  • Registered Users Posts: 40,060 ✭✭✭✭ohnonotgmail


    ezra_ wrote: »
    That seems to have been the basis for most of the higher profile Constitutional challenges over the past while...



    All variations on the 'I feel aggrieved and I want someone else to suffer as as a consequence of that' school of thought.

    ah, so unsuccessful constitutional challenges.


  • Registered Users Posts: 1,373 ✭✭✭ezra_


    ah, so unsuccessful constitutional challenges.


    There are other kinds?


  • Registered Users Posts: 1,368 ✭✭✭Eire Go Brach


    SoulWriter wrote: »
    Does that increase the premium?
    Shouldn’t if you stay with the same insurer. But it’s still a claim if you move to another insurer.


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  • Registered Users Posts: 3,193 ✭✭✭Eircom_Sucks


    i'd go to their house and superglue their letter box , that will teach them as they prob don't own a car :)

    op is she decent looking ( mother )


  • Posts: 0 [Deleted User]


    Could pay the class bully in sherbet to work on the kid.


  • Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,550 Mod ✭✭✭✭Robbo


    Moderation: I think this has gone far enough. The OP has been well informed of the difficulties in pursuing a minor through the courts in a civil and criminal context and we've had enough "helpful" suggestions of other courses of action. Thread closed.


This discussion has been closed.
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