Damage to my car

chris23
chris23 Forum Participant Posts: 38
edited August 2016 in UK Campsites & Touring #1

Hi all. Can anyone give me some advice on my car being damaged on a caravan club site? Basically an 8 year old boy crashed his bike into the side of my car scratching it badly. The site warden filled in an "incident report" but I've been told I can't have
a copy of it? The boy's parents said they would pay for the damage to be rectified. I asked what insurance they would use and the dad said he wasn't sure as it was on private land involving a minor. It didn't fill me with confidence.

I have been to the police and have a crime/incident number. 

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Comments

  • peedee
    peedee Club Member Posts: 9,392 ✭✭✭
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    edited August 2016 #2

    As the boys parents have agreed to pay for the damage, I would accept the offer and leave it at that. I am rather surprised you got the police involved, a bit OTT I would have thought.

    peedee

  • EmilysDad
    EmilysDad Forum Participant Posts: 8,973
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    edited August 2016 #3

    How would the lad's dad know details of insurance while away from home? And why do you assume that insurance is going to be used? If the Dad gives you a couple of hundred quid that'd sort a 'scratch'. I agree with peedee, accept the offer and leave it at
    that ...... is this coincidental that there's a thread running at the moment re kids & cycles? Innocent

  • Tinwheeler
    Tinwheeler Forum Participant Posts: 23,155 ✭✭✭
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    edited August 2016 #4

    I can't honestly see what advice you hope to get here. It's between you and the child's parents but, if you feel CC has a part to play for some reason, you need to contact HQ. 

  • rayjsj
    rayjsj Forum Participant Posts: 930
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    edited August 2016 #5

    As the boys parents have agreed to pay for the damage, I would accept the offer and leave it at that. I am rather surprised you got the police involved, a bit OTT I would have thought.

    peedee

    Write your comments here...he needed an incident report for his insurance policy, normal procedure. I would go to a local dealer and get a written repair quote, get 2 copies,give one to the kids dad, while they are still onsite.And make sure you have their home address etc., or at least their car registration.

  • SteveL
    SteveL Club Member Posts: 12,311 ✭✭✭
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    edited August 2016 #6

    As the boys parents have agreed to pay for the damage, I would accept the offer and leave it at that. I am rather surprised you got the police involved, a bit OTT I would have thought.

    peedee

    Not OTT at all. The OP does not mention any injury to the lad. However, even if on private land it is wise to report the incident to the police, in case of any later come back, concussion or perhaps a fracture that was not immediately apparent. It is against the law not to report a motor vehicle accident in which someone is injured.

  • peedee
    peedee Club Member Posts: 9,392 ✭✭✭
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    edited August 2016 #7

    How does the law define a motor vehicle accident. If the car was parked on private land, possibly alongside the caravan and the boy ran into it, I would hardly think there was a need to get the police involved even if the boy suffered an injury? In any case it sounded as though the vehicle owner wasn't going to make any claim off his own insurance and put his no claim bonus at risk.

    peedee

  • Navigateur
    Navigateur Club Member Posts: 3,880 ✭✭✭✭✭
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    edited August 2016 #8

    Very sensible to report to police and get as many organisations involved.  You could well get up in the morning and find the child, bike, parents all gone and the CC till roll showing them as non-members paying cash.  You would need only one estimate though,
    as you would be paying for the damage yourself.

  • JVB66
    JVB66 Forum Participant Posts: 22,892
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    edited August 2016 #9

    I think that a Non member is still required to give address details when booking in on a site, and the car reg will be on record

  • SteveL
    SteveL Club Member Posts: 12,311 ✭✭✭
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    edited August 2016 #10

    How does the law define a motor vehicle accident. If the car was parked on private land, possibly alongside the caravan and the boy ran into it, I would hardly think there was a need to get the police involved even if the boy suffered an injury? In any case
    it sounded as though the vehicle owner wasn't going to make any claim off his own insurance and put his no claim bonus at risk.

    peedee

    I don't think the OP specified wether the car was in motion or parked. If in motion it would not matter if an insurance claim is made or not. The offence is failing to report an accident in which injury was caused. If involved in such an incident the best
    course is to report it, otherwise you are leaving yourself open to possible prosecution. No idea on the if the car is parked on private land. However, if parked on the highway, the wisest course would be to report it. 

  • EJB986
    EJB986 Forum Participant Posts: 1,153
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    edited August 2016 #11

    Doesn't  the CC have a legal advice department? Wouldn't they be the best people to answer such a query?

  • IamtheGaitor
    IamtheGaitor Forum Participant Posts: 529
    edited August 2016 #12

    Very sensible to report to police and get as many organisations involved.  You could well get up in the morning and find the child, bike, parents all gone and the CC till roll showing them as non-members paying cash.  You would need only one estimate though,
    as you would be paying for the damage yourself.

    A waste of police time IMO. A quick wander round the site would give you a registration for the family, IF they try to back out of paying then you could involve the police and you have the same details as you would have with any other incident - probably
    more.  Good on the parents for offering to pay - they have behaved responsibly and appropriately in the situation. 

  • brue
    brue Forum Participant Posts: 21,176 ✭✭✭✭✭
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    edited August 2016 #13

    That's strange, we seem to have duplicate threads running here and in club products and services?

  • InaD
    InaD Club Member Posts: 1,701 ✭✭
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    edited August 2016 #14

    That's strange, we seem to have duplicate threads running here and in club products and services?

    Yes, you're right, identical threads, every post is the same.  Gremlins?

  • brue
    brue Forum Participant Posts: 21,176 ✭✭✭✭✭
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    edited August 2016 #15

    The CT screen on my pc dissolved for a few minutes so I thought it was me, most unusual, obviously a fault. The only thing that is different is the last poster on the other one remains the same but the posts are all there.

  • SteveL
    SteveL Club Member Posts: 12,311 ✭✭✭
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    edited August 2016 #16

    I think it's been moved, because when you touch on it you are diverted to UK sites and touring. I think the link remains there until somebody posts in another thread on club products. 

  • chris23
    chris23 Forum Participant Posts: 38
    edited August 2016 #17

    Thanks for everyone's comments. We were driving the correct way down the one way system when the boy cycled towards us so we stopped (not moving), the after 5 ish seconds the boy who was looking over his shoulder and not looking where he was going cycled
    into my car. The scratch is the full length of the drivers door so a "couple of hundred" won't be close to what it's going to cost.

    It was the CC warden who told us to report it to the police! Part of the issue is, as the car is new it has to be repaired to the manufactures specification which will cost more but if we had to go through insurance (and hopefully we won't have to) which
    insurance do I claim from? It didn't involve any other vehicles so I can't claim off their car insurance. It didn't involve their caravan so I can't claim off that.

     

  • chris23
    chris23 Forum Participant Posts: 38
    edited August 2016 #18

    Has this happened to anybody else?

  • Fysherman
    Fysherman Forum Participant Posts: 1,570
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    edited August 2016 #19

     The scratch is the full length of the drivers door so a "couple of hundred" won't be close to what it's going to cost.

     as the car is new it has to be repaired to the manufactures specification which will cost more but if we had to go through insurance (and hopefully we won't have to) which insurance do I claim from? It didn't involve any other vehicles so I can't claim off their car insurance. It didn't involve their caravan so I can't claim off that.

     

    Ok, not a solicitor so you need to check what I post with one.

    The damage will be in the region of £1K. to put right by a main dealer.

    You will need to claim off you own insurance.

    You or your insurance company will then need to sue the childrens parent for damages. If they have assets you stand a chance, if they are in a rental, have everything on HP and own nothing of value you are stuffed.

    There is little or no chance they wil pay up this sort of money without a fight and probably a high court order so good luck.

    As I say, I am not a solicitor so check all this out with someone fully qualified. You might find you have legal insurance through your other insurance policies.

    Good luck

  • Wildwood
    Wildwood Club Member Posts: 3,585
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    edited August 2016 #20

    Legally the only person you could sue would be the boy but he is worthless. I am afraid the only thing you can do is to rely on the parents promise.

    Not sure why the repair has anything to do with the manufacturers. Assuming this is just the paint that is damaged then repainting can be done by any competant person. Frankly you are more likely to get paid by the parents if you keep the cost down or if
    they are insured you might find the insurer will get it done for you to keep their costs down.

  • Fysherman
    Fysherman Forum Participant Posts: 1,570
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    edited August 2016 #21

    Only if he is 10 years old +. WW.

    I doubt a child of that age has assets to cover what this is going to cost.

    You cannot just have it resprayed by a competant person and maintain the manufacturers guarrantee. It has to be done by a main dealer or manufacturer approved workshop and the work will involve a strip back to primer then paint match, re-spray and baking in a heated facillity. Laquer might also be needed depending on the paint. £1k is about right for a single door panel unless it is dented then it will be more.

  • NutsyH
    NutsyH Forum Participant Posts: 534
    edited August 2016 #22

    Legally the only person you could sue would be the boy but he is worthless. I am afraid the only thing you can do is to rely on the parents promise.

    Not sure why the repair has anything to do with the manufacturers. Assuming this is just the paint that is damaged then repainting can be done by any competant person. Frankly you are more likely to get paid by the parents if you keep the cost down or if they are insured you might find the insurer will get it done for you to keep their costs down.

    Write 

    Not correct Wildwood.

    1. The car is new, so must be repaired to manufacturer's specification to preserve the rustproof warranty.

    2. The parents are responsible for the actions of their children. 

    3. Their household insurance (if they have any) will indemnify them for this damage under the Personal Liability section. Caravan insurance may also provide similar cover. 

  • mbee1
    mbee1 Forum Participant Posts: 557
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    edited August 2016 #23

    I would certainly want the car repaired to the manufacturers specification if the car was newish.  Yes I would also have informed the police.  No I don't think the OP went over the top. Sue if necessary but,hopefully, it won't come to that.

  • EmilysDad
    EmilysDad Forum Participant Posts: 8,973
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    edited August 2016 #24

    Good God .... how to blow something completely out of proportion! You say you were stopped for 5 econds bofre he hit you .... couldn't you find the car's horn in that time?

  • EmilysDad
    EmilysDad Forum Participant Posts: 8,973
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    edited August 2016 #25

     ..... Sue if necessary but,hopefully, it won't come to that.

    Can you sue a minor? Undecided

  • peedee
    peedee Club Member Posts: 9,392 ✭✭✭
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    edited August 2016 #26

    Sounds a similar accident to the one I had with a new vehicle coming out of a builders yard although my scratch was caused by a fork lift truck backing into me and scratching the bonnet of the car. I had just stopped like Chris but it didn't make any difference he still struck the car a glancing blow. I just got a price from a well known body repair specialist and tried to claim the cost from the yard. After a bit of negotiation I agreed a 50/50 split of the cost. No police and no insurance involvement. Might be Chris will have to do the same?

    peedee

  • Unknown
    Unknown Forum Participant
    edited August 2016 #27
    The user and all related content has been Deleted User
  • Takethedogalong
    Takethedogalong Forum Participant Posts: 17,073 ✭✭✭
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    edited August 2016 #28

    Take photographs, your car, where it happened, any signage on the site, damage. Also, if you can any witnesses? All will help.

  • Unknown
    Unknown Forum Participant
    edited August 2016 #29
    The user and all related content has been Deleted User
  • EmilysDad
    EmilysDad Forum Participant Posts: 8,973
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    edited August 2016 #30

     ..... Sue if necessary but,hopefully, it won't come to that.

    Can you sue a minor? Undecided

    You can sue the parents who are responsible.

    I've no idea ...... is it not the CC that'sresponsible on their site?

  • sailorgirl2
    sailorgirl2 Forum Participant Posts: 153
    edited August 2016 #31

    Good God .... how to blow something completely out of proportion! You say you were stopped for 5 econds bofre he hit you .... couldn't you find the car's horn in that time?

    Write your comments here...You amaze me Molly Mummy, I wonder if you would be talking the same way if it were your new car that had been damaged?   I think not some how....SG2