Car Damage caused by children at School Summer Camp

[mark_s]

Dear Forum,

First time poster and hoping to get some expert advice and opinion.

I live opposite a school and sometime in August, whilst there was a summer-camp being run by a private company, some
children throw stones over the fence and hit my new car (22 Reg), causing damage to the paintwork (estimated by the approved repairer to be £1,500). In 15 years of being here it’s the first time it’s happened.

I ran out to complain and I saw the coach come over to the kids and shepherded one away who I saw was doing the throwing. The coach came over and could see the damage himself, but didn't fully commit to events, only saying he saw the kids throwing "something". He took my details and spoke to the parents, who refused to accept responsibility. (I understand now that the principle "in loco parentis” applies, so the parents could not be liable and the child would be under the age of being responsible).
I then spoke to the owner of the company, who said they would speak with their underwriters who seemed genuine about trying to resolve things. I submitted a statement and recently the underwriter has come back advising after consideration the claim has been denied: on the ground that; "<the company> took all reasonable steps to comply with their duty of care. We found that there was adequate supervision of children taking part in the summer camp held <<at the school>>. The child who was identified as throwing objects over the fence was removed from the school field as soon as his actions were witnessed by a member of staff. ".

This is where things stand: the child was able to cause damage however the company's insurers are saying there was adequate supervision. This was not by "force majeure". When I contacted the Headmaster to make him aware, he emailed me to say: “... having conversations with pupils again and will educate them about the impact of such actions on property and people’s lives”. Not much can be done here as the school / staff were not directly involved.

I would very much appreciate a steer on whether I have sufficient grounds for a Small Claims Court action? It is disappointing that the owner of this small business hasn't (yet) seen the Moral Dimension and I am hoping for one final push to see if he wants to resolve this amicably and draw a line under the affair. Longer term though it risks setting a precedent that the same thing could happen - and the outcome would be for the company to walk-away from their wider obligations.

Thank you in advance for your feedback and guidance.

[islandgirl]

I am sure those with more knowledge in this area will respond but in my view nothing to do with school and everything to do with the private company and their insurers.

[des8]

Whilst parents (and hence those in loco parentis) may be responsible for supervising the children , they cannot be held liable for the child's acts, nor for damage the child causes to your property.

Civil action against the child would generally be pointless.

The remaining option is referred to by the insurers i.e. making a negligence claim for failing to supervise.

But you then have to prove the elements of negligence, which is a high hurdle.

IMO you are better claiming on your insurance and moving on, (a lot less stressful)

[mark_s]

Whilst parents (and hence those in loco parentis) may be responsible for supervising the children , they cannot be held liable for the child's acts, nor for damage the child causes to your property.

Civil action against the child would generally be pointless.

The remaining option is referred to by the insurers i.e. making a negligence claim for failing to supervise.

But you then have to prove the elements of negligence, which is a high hurdle.

IMO you are better claiming on your insurance and moving on, (a lot less stressful)

Appreciate the response. however given the amount of damage I am not convinced claiming on Insurance and the premiums' would be ideal. I was still leaning to Small Claims as a cost-effective way to seek redress.

[des8]

There is nothing to stop you issuing a claim against the company, and it is possible that purely for commercial reasons they or their insurers will offer a settlement.
On the other hand if they dispute the claim you will have the expense, stress and no certainty of winning, and it won't be any time soon.

Don't forget that even if you do not claim on your insurance you still need to notify your insurers of the damage caused to your vehicle

[dslippy]

This is what you pay your insurers for.