Car damaged by child’s scooter - who’s at fault?

[Inquisitive1975]

Hi all, needing some help please, as police Scotland have been useless.
Driving out of our street, I had to navigate a parked car and people. A child on the pavement either lost control of their scooter and it ended up on the road, or they intentionally pushed it towards my car in an attempt to hit it.
When the parent of the child was addressed, the child immediately apologised, said ot was an accident, and displayed typical guilt.
Since then the parent has backtracked, trying to avoid taking responsibility.
So the question is, if a scooter has been placed on a road, and it’s out of sight of the driver / impossible to see, and there’s contact and damage to the car, who does the liability sit with?
Thanks in advance,

[PallasAthena]

How old is the child?

I don't know about Scotland but if it had been in England it's quite possible no-one was legally liable. Some accidents are just, well, accidents.

[Inquisitive1975]

Young. Maybe 10 at most.
I get that, but when accidents happen that costs someone money, that can’t be fair or right? (and yes, I know the law is neither, sadly, lol)

[atticus]

You need to look at it this way: when a child is below the age where he can be held to have legal responsibility, you bear the risk. Is the amount of the damage sufficient for you to make an insurance claim?

[echat11]

Missed that the question has been asked.

[Inquisitive1975]

Thanks.
Not claiming insurance for something that’s not our fault and that may impact premiums.
Regardless of who put the scooter on the road though, it shouldn’t have been there.
The parent initially accepted liability and contacted a friend who does spraying to get a price, but now complete backtrack.
Surely this can’t be on me to fix when I’m the victim?

[echat11]

How much do you believe the cost of repair is?

[Inquisitive1975]

At least £200. But not 100% sure yet, as still need to get quotes. Scratch is about 2 inches long and through the paint, so can’t t-cut it.

[echat11]

But it could be less then that, no known figure at this time.

Get an actual quote, then write a letter to them seeking a contribution towards the costs.
If they do contribute, great, if they don't 'it's not the end of the world.'

I'm assuming the scratch is on the 'lower' part of the car.

Even if you took it through the Court, there is no guarantee that the Judge / Court will make
a decision in your favour. So you may have additional costs.

[des8]

THE KILBRANDON REPORT

APPENDIX 'B'
Parental Liability in Civil Law for the Wrongful Acts of Minors

1. The essential principle of Scots law is that a parent is not liable in respect of damage caused by his child unless he himself has been at fault.

I understand that is still the position in Scotland, so your options seem to be
1)claim on your own insurance (but probably not worth while ... excess)
2) pay from your own bank account
3)put up with the scratch

[echat11]

There are repair kits, if you or a friend are 'competent' then you could do-it-yourself.

https://www.youtube.com/watch?v=QoNCBSaLdYk