3 year old banned from cycling outside of house ... because she might scratch a car

[Sara_H]

Not really pussyfoot around, but I would like other to respect my property, the same as I do theirs.

Hmmmm.... but by leaving cars all over the road and pavement, motorists aren't really respecting the rights of children to play in the streets, are they? I ended up reporting a neighbour to the police recently because he was threatening to slap some kids who were playing football in the street near his car. Whats the worls coming to when kids can't play out because the road is littered with cars?

 

[glenn forger]

So, a child came cycling down a hill fast enough to smash in your door panel and dent it, came over your "yard" and drive and hit the car but presumably was unhurt, and your insurer told you there's nothing you can do? Sorry, your story isn't plausible.

 

[BimblingBee]

So, a child came cycling down a hill fast enough to smash in your door panel and dent it, came over your "yard" and drive and hit the car but presumably was unhurt, and your insurer told you there's nothing you can do? Sorry, your story isn't plausible.

Well according to the CAB not being able to sue the parents appears reasonable advice unless he could prove negligence by the parent in their duty of care... http://www.adviceguide.org.uk/scotl...re_you_live_s/neighbour_disputes_scotland.htm this link is for Scotland but its similar for rest of UK.

Personally I feel the OP's story is entirely plausible and the advise supposedly given by insurance and police to be quite likely and also reasonable.

 

[glenn forger]

The police don't offer advice on civil cases, and Churchill insurance are extremely unlikely to offer duff advice. The damage is claimable, and I'm struggling to see how a child could ride into a car door with enough force to smash it in and remain uninjured.

 

[BimblingBee]

The police don't offer advice on civil cases, and Churchill insurance are extremely unlikely to offer duff advice. The damage is claimable, and I'm struggling to see how a child could ride into a car door with enough force to smash it in and remain uninjured.

The Police do offer advice, although on an informal basis. Churchill are just as likely to offer duff advice as anyone else as you generally speak to an unqualified call handler. If fact I made a claim against a similar insurance company for professional negligence- The surprisingly settled out of court!

Modern cars are (as pointed out already) made from very flimsy metal/plastic in certain parts with the door skin being one of them, and it's entirely plausible that a child could cause damage but remain unscathed. If you have kids then I'm sure you'd understand.

 

[glenn forger]

Insurance company staff would be in serious trouble if they offered legal advice on civil matters. The police wouldn't even venture an opinion, why on earth would they, it's nothing to do with them. A child cries if they bump their head, you think they can smash in a car door and be fine? Naive. Maybe Mark could post a Google map of the scene?

 

[Archie_tect]

What if one of us lived in that road, would we have to walk to the end of the street before we could mount our bikes? Or is it just no kids on bikes?

In my road the most noisy things are cars. The guy down the road who starts his diesel taxi at 5am and leaves it to warm up for 15 minutes is the biggest offender.

You could get up + walk round one morning, turn the ignition key while he's inside his house and post it through his letterbox with a note... repeat every morning til he stops.

 

[BimblingBee]

Insurance company staff would be in serious trouble if they offered legal advice on civil matters. The police wouldn't even venture an opinion, why on earth would they, it's nothing to do with them. A child cries if they bump their head, you think they can smash in a car door and be fine? Naive. Maybe Mark could post a Google map of the scene?

As far as I'm aware it was the bike that caused the damage not a child's head. If you think the police don't offer informal advice on civil matters then I'm afraid it's you that's naive.

As insurance companies deal almost exclusively with civil matters, I'd hope they would offer legal advice on civil matters that are in direct relation to a claim- and they do. In this case it seems as the OP approached them with a potential civil claim which he wanted them to act on, and they have given them their viewpoint (advice?) that there is no legal recourse that they are willing to pursue. Of course he could take the matter up himself but I guess he would be unwilling to as his insurer has already advised him that they will not be pursuing the matter. I'm sure they gave a reason and this reason could easily be seen as advise too!

Unfortunately I agree with the insurers/police that there is no real course of action against a 3 yr old - they caused the damage and to prove the parents were negligent in their care of the child would likely be difficult to prove.

 

[Archie_tect]

I reckon it would slip out of my grasp and I would drop it down a drain the second morning.

That would have repercussions if caught though. Tempting though it would be!

 

[glenn forger]

As far as I'm aware it was the bike that caused the damage not a child's head. If you think the police don't offer informal advice on civil matters then I'm afraid it's you that's naive.

As insurance companies deal almost exclusively with civil matters, I'd hope they would offer legal advice on civil matters that are in direct relation to a claim- and they do. In this case it seems as the OP approached them with a potential civil claim which he wanted them to act on, and they have given them their viewpoint (advice?) that there is no legal recourse that they are willing to pursue. Of course he could take the matter up himself but I guess he would be unwilling to as his insurer has already advised him that they will not be pursuing the matter. I'm sure they gave a reason and this reason could easily be seen as advise too!

Unfortunately I agree with the insurers/police that there is no real course of action against a 3 yr old - they caused the damage and to prove the parents were negligent in their care of the child would likely be difficult to prove.

The parents don't have to prove anything other than that their child didn't cause the damage. The insurance company would not be likely to offer advice that is completely at odds with civil law. The "incident" seems highly improbable, the police advice is laughable, the insurance company would and should have taken it further because mark has claimed he paid out, the collision seems very inexplicable, a three year old child stoves a car door in and is unhurt? Get real.

 

[Sara_H]

The parents don't have to prove anything other than that their child didn't cause the damage. The insurance company would not be likely to offer advice that is completely at odds with civil law. The "incident" seems highly improbable, the police advice is laughable, the insurance company would and should have taken it further because mark has claimed he paid out, the collision seems very inexplicable, a three year old child stoves a car door in and is unhurt? Get real.

My dog ran into a moving car last year, caused £500 worth of damage (basically caved in the door of the car) and came away a small graze above his eye.

 

[glenn forger]

My dog nicked my E Type Jag, got ripped to the tits on special k and wobbly eggs, wrote seventeen cars off and failed a breath test and they still won't confiscate his licence.

 

[BimblingBee]

The parents don't have to prove anything other than that their child didn't cause the damage.

I think this quote just highlights your lack of understanding. I'm out!!

 

[Sara_H]

My dog nicked my E Type Jag, got ripped to the tits on special k and wobbly eggs, wrote seventeen cars off and failed a breath test and they still won't confiscate his license.

But did the insurance company tell you if you had any recourse against him, or not?

 

[glenn forger]

They told me to get a black and white dog because the licence was cheaper, you couldn't make it up.