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My 12 year old grandson is disabled, he is autistic with a variety of problems including ADHD, dyslexia and sensory issues, he has poor spatial awareness and potential consequences of his actions. They live in a council house on an estate and last week he was playing on the trampoline with his 10 year old sister and her friend in their secure but smallish garden while his parents were indoors. They were apparently throwing objects to each other over the mesh of the trampoline when the boy misjudged and threw an object (believed to be a stone) too hard over the mesh and it went over the high hedge and broke the window of a conservatory in a neighbouring privately owned property.
Although amicable the owners are very quiet private people with very little contact with any neighbours so would be unaware of the child's issues but my grandsons parents are responsible people and promptly apologised offering to raise the money to pay for repairs or to cover the excess on the owners house insurance but they would need to pay in instalments. The neighbour seemed happy with this and said he would get estimates and compare with his insurance access and let my son know costs in due course.
Confusingly two days later the police called round but my son explained the boys condition and that is was an accident with no intent or malice whatsoever intended by the boy and that they had agreed to pay for the damage. The police said this was very reasonable and left suggesting that both parties pay the insurance access between them asap to get repair done promptly with my son repaying the neighbour in instalments.
Now the neighbour is saying the insurance access is £500 and he wants full payment straight away. My son is worried sick as they are on low income with no savings or assets or insurance of their own. They are fearful the neighbours insurance company will hound them and will not let them pay in instalments or any delay will prompt legal action and incur more costs. They do not want bad feeling with the neighbour and can understand his attitude especially as many people have little understanding of living with a child with autism.
There is no question of my son not taking responsibility for the boys actions but in my view although the neighbour was home he did not see who threw the offending object due to high hedges and public footpath running along the back of houses. My family did not witness what happened either as they were indoors and the boys account of any events is always unreliable but they are in no doubt that the boy was responsible. I say this purely because this family are trying to do right thing and lesser people may have tried to deny responsibility.
Can anyone advise on their options and liability please?
Although amicable the owners are very quiet private people with very little contact with any neighbours so would be unaware of the child's issues but my grandsons parents are responsible people and promptly apologised offering to raise the money to pay for repairs or to cover the excess on the owners house insurance but they would need to pay in instalments. The neighbour seemed happy with this and said he would get estimates and compare with his insurance access and let my son know costs in due course.
Confusingly two days later the police called round but my son explained the boys condition and that is was an accident with no intent or malice whatsoever intended by the boy and that they had agreed to pay for the damage. The police said this was very reasonable and left suggesting that both parties pay the insurance access between them asap to get repair done promptly with my son repaying the neighbour in instalments.
Now the neighbour is saying the insurance access is £500 and he wants full payment straight away. My son is worried sick as they are on low income with no savings or assets or insurance of their own. They are fearful the neighbours insurance company will hound them and will not let them pay in instalments or any delay will prompt legal action and incur more costs. They do not want bad feeling with the neighbour and can understand his attitude especially as many people have little understanding of living with a child with autism.
There is no question of my son not taking responsibility for the boys actions but in my view although the neighbour was home he did not see who threw the offending object due to high hedges and public footpath running along the back of houses. My family did not witness what happened either as they were indoors and the boys account of any events is always unreliable but they are in no doubt that the boy was responsible. I say this purely because this family are trying to do right thing and lesser people may have tried to deny responsibility.
Can anyone advise on their options and liability please?
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xx
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