Parked Car Damaged in Private Property - Kindergarten. Who’s Responsible for It?

Danlew on 18/01/2019 - 06:59
Last edited 18/01/2019 - 11:42 by 1 other user

Hi fellow Ozb,

Whilst I was picking up my child at the kindergarten, my car had been hit/scratched by a car parked next to me - confirmed on cctv where a kid opened and slammed their door against my car.

On the cctv, the parent appeared to come around checked status of my car and walked off without letting anyone know.

Disregarding the value of my vehicle, I am not happy about it.

However questions is can I do anything about it to have it repaired?
1. Claim vs kindergarten as the accident occurred at a private property of this kindergarten,
2. Claim vs parent who’s known to the kindergarten staff
3. Any other sdvice?

Thanks so much for your serious input

EDIT: spoke to manager of the kindergarten and apparently it’s a common accident… liability is against the driver/parent (as it my car wasn’t damaged due to their property falling or from their staff which makes sense), and best advice was to report to my insurance providing all evidence, my insurance company will either a) ask the parent to pay for repair b) raise a claim vs parent drivers insurance company

Thanks for all your input.

Automotive

Comments

  • Hellfire on 18/01/2019 - 07:04
    +8

    Go for 3. claim on your own insurance and provide them all the details including cctv.

    1. could work but the other parent hasn't shown any regard for you so they may just ignore you or delay indefinately.

    2. wont work since you have to prove their liability through negligence.

    • abb on 18/01/2019 - 09:44

      Did your numbers get swapped around there? (Markdown magically re-numbers lists)

      • Hellfire on 18/01/2019 - 11:54

        Ahh yes :)

        Can't edit now though. Swap 1 and 2 around.

  • jerjergege on 18/01/2019 - 07:43
    +7

    Do those in order.
    1. File a police report, hit and run.
    2. Claim against parent of the kid who damaged your car. Let insurance know of the police report and the rego of the other car and that kindergarten has cctv footage.

  • battler on 18/01/2019 - 07:54
    +17

    Call your insurance company. They deal with these questions daily and can advise the appropriate course of action.

  • Olokun on 18/01/2019 - 07:56
    +14

    If you haven’t already done so, make sure you make a copy of the CCTV footage before it is looped over.

    • Danlew on 18/01/2019 - 08:38
      +1

      Excellent advice didn’t think of this, thank you

  • Baysew on 18/01/2019 - 08:11
    +29

    Sounds like the toddler that broke the TV at Harvey Norman has moved up to Kinder.

    • 87percent on 18/01/2019 - 08:32
      +1

      if i was the parent, the next move would be to the orphanage

    • PinzVidz on 18/01/2019 - 18:21

      I'd like to see all of Gerry's TVs get broken by kids.

  • chumlee on 18/01/2019 - 08:14
    +3

    Your claim is against the driver of the other car. Get a quote and give it to the driver/owner of the other car, hope they pay otherwise take civil action or just go through your own insurance

  • whooah1979 on 18/01/2019 - 08:17
    -1

    confirmed on cctv where a kid opened and slammed their door against my car.

    It's unlikely that claim filed against the parent/driver would be successful.
    http://www6.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/…
    https://queenslandlawhandbook.org.au/the-queensland-law-hand…

    Link provided by holdenmg https://www.ozbargain.com.au/node/429527?page=1#comment-6799…

    • Danlew on 18/01/2019 - 08:43
      +3

      I see but it also states one can “when it is found that a parent has not exercised proper control or supervision over a child who has committed a tort.” my interpretation may be incorrect

      • diceman99 on 18/01/2019 - 10:41

        Legal concept I believe is the "tort of negligence" but I think this may only relate to personal injury damages not property damages

  • diceman99 on 18/01/2019 - 08:29
    -1

    I imagine the cost to get damage fixed would be less than the insurance excess.
    The court rulings would seem to say that you cant claim against parent.
    U cant claim against minor.
    Probably get quote and send to parent with a copy of the cctv footage and bluff them for cost of repairs

    • Danlew on 18/01/2019 - 08:41
      +3

      From above reference one may claim against minor “when it is found that a parent has not exercised proper control or supervision over a child who has committed a tort.” But vague I think..

      • ThithLord on 18/01/2019 - 08:50
        +2

        Good luck. Accidents happen, sure - but what a terrible parent.

        • Danlew on 18/01/2019 - 09:00

          Thanks @ThitLord couldn’t agree more

        • serpserpserp on 18/01/2019 - 09:10

          Remember the parent could have been so tired and came around and looked and didn't see anything. Unless in the footage they are bending over and peering at the scratch from centimetres away, who is to say if they legitimately saw it?

          Was like when I parked my car and hit the bumper on a bolt that was sticking out of the barrier, I thought I looked pretty thoroughly and didn't see any damage and was like "phew" then weeks later I noticed the scratch.

      • djkelly69 on 18/01/2019 - 08:56

        If (possibly) giving a child a sharpened metal rod was not enough for the parent to be found negligent, it is very unlikely letting them open a car door will be.

  • JimmyF on 18/01/2019 - 08:49
    +4

    hahaha its not the kindergartens fault, you clearly seen who caused the damage, speak to them, if that fails, lodge a insurance claim.

    • pegaxs on 18/01/2019 - 09:23
      +6

      That’s what I don’t get. So many of these threads all jump on the venue for being at fault? How is this even an option. Unless it was one of the staff members moving the car, or hell, even if they were guiding someone else in a car, then where is there any fault on their behalf.

      • JimmyF on 18/01/2019 - 10:07
        +3

        Yeah I don't get it either, they'll clearly from the "Its the Not my Fault" generation, they do no wrong, its always someone elses fault and looking for someone to blame.

    • serpserpserp on 18/01/2019 - 09:25
      +4

      Imagine if you went after them, they'd probably just close the carpark and make everyone walk in from the street!

      • JimmyF on 18/01/2019 - 10:07
        +1

        hahaha that would teach them!

      • pegaxs on 18/01/2019 - 10:42
        +1

        I want this soooooo bad…

  • DarkOz on 18/01/2019 - 09:25

    You can sue the kid and make him/her cry or you can just pass the other vehicle information to your insurer and let them handle it.

  • John Kimble on 18/01/2019 - 09:44

    Disregarding the value of my vehicle

    haha

  • abb on 18/01/2019 - 09:46
    +2

    Get your kid to spray-paint "I am a jerk" on the other car next time you see them

  • Seraphin7 on 18/01/2019 - 09:56
    +4

    Gather your evidence. Deal with your insurance company. End of.

  • Some Human on 18/01/2019 - 10:23
    +3

    How could you possible think the kindergarten was at fault?

    • pegaxs on 18/01/2019 - 10:41
      +12

      Because "entitlement"

      I hope they do go after the Kindergarten and then in turn, the venue bans all parents from parking there. Would make my day…

      Can't wait for the next thread…

      "My kindergarten banned everyone from parking on site because of a scratched car. I pay my fees and I’m entitled to park there. How do I make them let me park there…"

      • diceman99 on 18/01/2019 - 10:44

        I would upvote this comment more.
        Exactly right
        At some point common sense must prevail

      • pyramid on 18/01/2019 - 10:58
        +2

        "My kindergarten banned everyone from parking on site because of a scratched car. I parked 200 mtrs away from kindergarten . How do I make them pay me fuel cost of parking away from kidergarten. How do i make them pay my knee replacement as i walked 200 mtrs from my car to kindy which leads to knee replacement"

        • pegaxs on 18/01/2019 - 11:14
          +2

          "How do I get the Kindergaten to pay for my new shoes since the others wore out from all the stomping of feet that I now do? I have rights!!!"

  • Ughhh on 18/01/2019 - 10:31

    From the learnings on the Harvey Norman TV case, the kid isn't liable and his/her parent isn't liable for kids torts. Harvey Norman you should have insurance and these are the possibilities of displaying a tv driving in public.

    shrugs

  • qwerty on 18/01/2019 - 10:47

    Just park next to his car and let your kids go crazy with their doors

  • Randxyz123 on 18/01/2019 - 10:52
    +2

    1. Kindergarten has no liability. Not their issue. If it’s not displayed on the car park can almost guarantee there will be something about “you park at your own risk” in the agreement you signed with them. Regardless why should they pay??

    2. I would put a notice up on the parents notice board with the rego saying “Hi was this your car? Please contact the office for my details by (say next Friday 25/1) or I will go to the police”.

    Either the parents didn’t notice or didn’t think it was bad enough or was going to deal with it later or just didn’t give a damn. Give them a chance to do the right thing.

    Once you have their details claim via your insurance.

  • [Deactivated] on 18/01/2019 - 11:52

    Lodge a claim with your insurance that's what you pay them for.

    Lodge a police report, dont be surprised if nothing happens

  • CMH on 18/01/2019 - 12:42

    There's a similar sort of incident where a kid vandalised (slightly more serious than this of course) a car, details were caught on cam.

    Owner of the car claimed through insurance, who initially wouldn't accept it as not-at-fault, but eventually relented because the at-fault party was identified (they had parents car plates).

    Police was brought in initially and kids were charged with the vandalism (I'm not sure which exact charge).

    Whether or not insurance can get the parent to pay for damages is irrelevant, the fact is you could identify the at-fault party.

  • [Deactivated] on 18/01/2019 - 12:52
    +1

    Disregarding the value of my vehicle, I am not happy about it.

    I understand your frustration, and what they did was not right, unless they honestly couldn't see any damage when they went to look.

    ** However what actual damage was done? Can you post pic of damage**

    Is it a large dint, or just a tiny amount of clearcoat paint rubbed off.

    Would be good if you could make some sort of contact with the parent, before civil action.
    Ideally, maybe manager of the centre could kind of mediate, ie. Arrange a meeting there for both you and the parent to sit down and talk. If your angry, this might not work well though.
    Write/type a small letter to parent, explaining damage and cost of repair, explain CCTV footage shows what happened, and that you understand accidents to happen with kids, but also explain they as a parent are responsible for any damage. Put the note into an envelope and give it to manager of the centre to pass on to that parent. Be sure to include some type of contact details, even if just an email address, or phone number, something so they can contact you back and hopefully make arrangements for repair.

    • whooah1979 on 18/01/2019 - 13:46

      explain they as a parent are responsible for any damage.

      This is not supported by case law.

      • HighAndDry on 18/01/2019 - 14:12

        Noooo stop repeating bad comments. The caselaw in no way says that parents are carte blanche not responsible for the actions of their children!

        • whooah1979 on 18/01/2019 - 14:24

          I'm happy learn new things everyday.

          Please provide a link to one case where a parent have been ordered to pay damages for their infant's actions.

          • HighAndDry on 18/01/2019 - 15:04

            @whooah1979: No, (argh) you and others have been misconceptualising the issue repeatedly since that HN thread.

            Parents aren't generally liable, directly or vicariously, for the actions of the children. They are (can be) liable for their own failure to supervise, leading to the damage caused by the children. But you're actually right - despite a lot of obitur in cases by judges saying as much, (e.g.: Smith v. Leurs), there are actually very few cases where the parent is actually found liable.

            • CMH on 18/01/2019 - 15:17

              @HighAndDry: No doubt you're telling the truth, but it's incredibly stupid.

              I'll just let my kids run amok and society can pick up the bill.

              • t_c on 20/01/2019 - 13:28

                @CMH: You missed this bit. 'They are (can be) liable for their own failure to supervise, leading to the damage caused by the children.'

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