4 yr old driver dents neighbors car

[playmobil]

What is the name of your state? North Carolina
In March of this year 2002, My wife was in the back yard with my 4 yr old daughter, she disappeared for a couple of minutes. This is what happened. She walked to the neighbor, imediatly next door to say hello. They told her that my mothers van lights were on. Instead of her telling my wife, she got into my mothers van and started it without the keys and proceded to put it into gear. It rolled backwards across the street (approx 30ft) into my neighbors 1984 Mazda work truck. It put a small dent in the bumper. It did nothing to my mothers van. The police were not called, so there is no report. But neighbors witnessed it. I offered to buy a new bumper and put it on the vehicle. Two days later I sent a registered letter with the same offer. He refused the letter. About 10 days ago he sent a letter demanding $265. and he gave me 10 days to pay it. I didnt. He sent me another one yesterday saying, that he was going to claim that I neglected my children if I didnt pay him this money. When I talked to my insurance company they said I was not liable to him for anything. Because 1) the vehicle was not mine 2) the child is a minor and that if the vehicle was secure, then there is no negligence. I have called around and the replacement bumper is only $20. and most body shops will install it for $40-60 more.
Am I liable? Should I just let it go to court? Any information or comments would be greatly appreciated... Thanks

 

[I AM ALWAYS LIABLE]

My response:

Immediately write a Certified letter to your neighbor that all offers of settlement are immediately withdrawn. It doesn't matter whether he accepts it or not.

You are not liable for the damages because a parent is only liable for the "wilful and malicious" acts of their minor children. Also, your child is not liable because a child of the tender years of 4 cannot appreciate or understand their "negligent" acts.

Let it go to court. The judge will tell him the same thing.

IAAL

 

[playmobil]

Thank you IAAL for your reply.. I had heard similar to that.. When I had made the offer to replace the bumper I wrote "I am not implying any guilt on my behalf nor am I willing to make any other repairs to said vehicle, either implied or inflicted by yourself or any other party".. This was part of the certified letter I send a few days after the incident that he refused... Do I still need to write a letter of withdrawal since all he has was the verbal offer that I made to replace the bumper? Thanks

 

[stephenk]

just settled a case a couple of months ago where my client's 4 year old son got in her car while parked at the Greek Theater in L.A. as they were about to go home from a day at the park. The son released the stick shift and the car rolled back, went through a fence and almost ran over a lady having a picnic on the Greek Theater grounds. The car clipped the woman's elbow fracturing it and also breaking her wrist when she tried to roll out of the way.

We ended up paying $15K to the lady. Negligent supervision of the child (allowing the kid into the front seat instead of the rear where the child seat was located, not setting the parking brake).

How did your daughter start the van without the keys? Had she ever gone in the van before? Why was it unlocked?

It's not the negligence of the child that matters its the negligent supervision of the child that makes you liable. But in any event, the insurance carrier that should pay is your mom's since it was her van that made contact with the truck. Then her carrier will come after you to reimburse them.

 

[playmobil]

The van was in my driveway and my mother had only had it for a week or so... The keys were in the house and we did not know that it turns on without them... Apparently if the steering wheel is not locked then some cars will turn on... There also was no police report.