9yr rams my car with bicycle ` accidently` and causes £400 of damage. i obtain quotes and parents apparently have been to police and have been told you do not have to pay it was an accident !!! can that be right ?
thanks for quick reply.....i accept the fact about the boys age, however, surely with the boy not being of a criminal age for prosecution, then surely the parents are responsible for his behaviour etc ? not really concerned about the prosecution side of things ( would be flogging a dead horse with that one )just want the damage paid for which i dont think is too unreasonable, especially as i have witnesses to him damaging my car deliberately.
Parents will only be responsible if you can show they were negligent and allowed the child to cause the damage. Unless you can clearly demonstrate their negligence (which is very difficult) you won't succeed.
Factor is partially correct you can sue or be sued in the civil courts from birth but if you are under 18 you will need an adult to act as your “next friend”. The age of 10 is of course the age at which you lose your immunity from criminal responsibility, it is higher in many other countries, you may be interested in Walters V Lunt 1951 where the parents of a 7 year old boy were charged with receiving a stolen tricycle from their son.
As factor again sensibly suggests send a claim to your insurer with the details of the damage and how it was caused.
Claim on your own insurance, give them all the details and they'll try to recover the cost from the boy's family. You'll lose your NCB unless it's protected, but it's easier that trying to pursue it yourself.