8 year old child damages car with bike
Discussion
Refresh my memory on this type of situation please. Purely the legal facts though, as I have no emotional nor financial involvement in this in any way, but just want to pass on the correct info.
8 year old boy out on his bike does what kids sometimes do and scratched a nearby car. He was unsupervised by any adult at the time. It doesn't appear to be serious damage but may require the attention of a "Chips Away" type of repair service at the least.
Mum is distraught at the prospect of funding this as she's a typical single income family, living hand to mouth with zero savings and even a modest couple of hundred quid bill would be devastating to her finances. It hasn't helped that two neighbours have loudly confronted her on her doorstep (car owner and local busybody).
However she has internally accepted she should be responsible for the repair and has written to the car owner to suggest discussing it calmly - but what does the law say?
8 year old boy out on his bike does what kids sometimes do and scratched a nearby car. He was unsupervised by any adult at the time. It doesn't appear to be serious damage but may require the attention of a "Chips Away" type of repair service at the least.
Mum is distraught at the prospect of funding this as she's a typical single income family, living hand to mouth with zero savings and even a modest couple of hundred quid bill would be devastating to her finances. It hasn't helped that two neighbours have loudly confronted her on her doorstep (car owner and local busybody).
However she has internally accepted she should be responsible for the repair and has written to the car owner to suggest discussing it calmly - but what does the law say?
Cold said:
However she has internally accepted she should be responsible for the repair and has written to the car owner to suggest discussing it calmly - but what does the law say?
The nearest the law gets is defining an age under which children are not responsible for their own actions when it comes to committing a criminal offence. And that's 10yo.So if it comes to a suggestion of criminal damage... the kid's not going to get nicked. Which I'm sure is lovely, but not really the point.
That apart, I think we all know what the real-world situation is, and it comes firmly under "do unto others", doesn't it...?
TooMany2cvs said:
The nearest the law gets is defining an age under which children are not responsible for their own actions when it comes to committing a criminal offence. And that's 10yo.
So if it comes to a suggestion of criminal damage... the kid's not going to get nicked. Which I'm sure is lovely, but not really the point.
That apart, I think we all know what the real-world situation is, and it comes firmly under "do unto others", doesn't it...?
So although the child isn't going to get a knock on the door by a policeman, would the Mum? Or alternatively, would the Mum be exposed to the potential of a legitimate Small Claims coming through the letterbox?So if it comes to a suggestion of criminal damage... the kid's not going to get nicked. Which I'm sure is lovely, but not really the point.
That apart, I think we all know what the real-world situation is, and it comes firmly under "do unto others", doesn't it...?
As for your emboldened part, given where the Mum and son live I can only imagine the type of meathead who may be her neighbours so I doubt there's any love lost there. It's not going to be a Terry + June/Tom + Barbara Goode utopia.
Cold said:
As for your emboldened part, given where the Mum and son live I can only imagine the type of meathead who may be her neighbours so I doubt there's any love lost there. It's not going to be a Terry + June/Tom + Barbara Goode utopia.
Mmm. So that's a good excuse for her to sink to their level, is it?
If the kids ridden into the car accidentally - then its simply that - an accident.
If the kids deliberately/recklessly damaged the car with the bike or in some other way then Police will record the damage as a crime - though due to the kids age wont / cant take any further formal action.
If the kids deliberately/recklessly damaged the car with the bike or in some other way then Police will record the damage as a crime - though due to the kids age wont / cant take any further formal action.
Bigends said:
If the kids deliberately/recklessly damaged the car with the bike or in some other way then Police will record the damage as a crime - though due to the kids age wont / cant take any further formal action.
Will they or will the police simply record it as an 'incident'.If the child is below the age of criminal responsibility the child cannot have behaved criminally. If the child did not behave criminally surely there is no crime for the police to record.
PF62 said:
If the child is below the age of criminal responsibility the child cannot have behaved criminally. If the child did not behave criminally surely there is no crime for the police to record.
The crime is still a crime.It's just that nobody is legally responsible for committing it.
This is a civil case, not a criminal one. And assuming it was an accident, there could still be an element of negligence.
Child was almost certainly negligent, so parents are responsible. If they have household insurance, they may well have tp liability cover so insurers will pay at no cost to the mum.
Child was almost certainly negligent, so parents are responsible. If they have household insurance, they may well have tp liability cover so insurers will pay at no cost to the mum.
paul789 said:
Too soon for the mum pics question?
not at all.. found a video 
https://www.youtube.com/watch?v=uDeZV5NiKnk
If 2 adults are verbally abusing and intimidating a single woman at her home property, then the first thing she must do is call the police. Loud words often turn to violence.
The second thing she must do is determine whether the bike damage was a genuine accident by a child finding their way in the world, or a malicious crime by a future scumbag.
The second thing she must do is determine whether the bike damage was a genuine accident by a child finding their way in the world, or a malicious crime by a future scumbag.
- Accident = refuse to pay, or negotiate to pay in full by small instalments over xx months.
- Crime = pay for full repair asap, by self-funding or home insurance or a donation website or a loan, and move on.
PF62 said:
Bigends said:
If the kids deliberately/recklessly damaged the car with the bike or in some other way then Police will record the damage as a crime - though due to the kids age wont / cant take any further formal action.
Will they or will the police simply record it as an 'incident'.If the child is below the age of criminal responsibility the child cannot have behaved criminally. If the child did not behave criminally surely there is no crime for the police to record.
Mental state or age of suspect have no effect on crime recording
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