daughter on bike

[kyajalove]

What is the name of your state? Virginia

Saturday evening my daughter stayed over at her aunts house while there the neighbor came over and was visiting she parked her truck in the driveway which is in the middle of the yard. The kids were riding bikes and my daughter(6) wasnt told by her aunt or uncle to stay away from the cars even though she should know...she crashed right into the ladies truck and put a small scratch in the door. The lady said the whole door has to be repainted and it will cost 250 dollars. She wants us to pay for this. I understand my responsibility in it because of my daughter however isnt it also some of hers? I wasnt even there and the kids werent in her yard she was in theirs. I cant find any laws regarding this specific situation but if anyone has ANY advice please share!!!!!!

 

[Zigner]

I don't feel like researching the VA parental responsibility laws.
Let's look at this from a MORAL point of view -

The car was correctly parked in the driveway.
Your daughter crashed in to the car and damaged it.
How could you NOT feel responsible for it, much less try to blame it on the INNOCENT victim

 

[kyajalove]

I don't feel like researching the VA parental responsibility laws.
Let's look at this from a MORAL point of view -

The car was correctly parked in the driveway.
Your daughter crashed in to the car and damaged it.
How could you NOT feel responsible for it, much less try to blame it on the INNOCENT victim

First of all I am not BLAMING anyone as I said I understand my responsibility of my child and I am a VERY responsible parent however 250 dollars for a scratch on a door sounds a little much to me not to even account for the fact that I wasnt the one responsible for the children at that moment my sister in law was so that leads me to believe that the lady whose car was parked on a piece of pavement in the middle of the yard where 5 children are riding bikes had a say what she was doing to. We are talking about a 6 year old and if you didnt feel like researching why even comment especially a rude one...thanks anyways!

 

[mommyof4]

Depending on how big, long, and/or deep the scratch is, $250 to repaint the door may be a completely reasonable.

We have no way of knowing if the paint can be matched for a spot job, if PDR needs to be done at the site where your daughter ran into the door, if clear coat or a little buffing will remove the scratch.....you get the idea.

Have you talked to your SIL about splitting the cost of the repair? Have you actaully seen the damage and/or estimates from repair shops?

 

[moburkes]

SIL isn't responsible for the damage. The little girl is.

 

[mommyof4]

The SIL (or the aunt...for some reason I just assumed it is the SIL) is responsible for watching the little girl at the time the accident happened.


If the child had been seriously injured, it is possible that the person responsible for caring for the child could bear some liability.


It was just a thought.

ETA: the vehicle owner is in no way responsible for the damage the child caused to the car.

 

[moburkes]

Accidents happen, which is why they are called accidents. The aunt could have been supervising the child, and the child may have still run into the vehicle. Mom can start garnishing daughter's allowance.

 

[kyajalove]

wow well thanks for the advice....I am not blaming the owner of the car but morally I feel only somwhat responsible for the situation....better choice of childcare I guess I am making the lady get more estimates she is just being really nasty about the whole thing...greed is something anyways thats all Im just glad she hit the car and it didnt hit her....and for all above she is only 6 years old not responsible for this kind of a situation as I said thanks for your opinions much appreciated.

 

[tranquility]

Without research I'm not positive, but I don't see any liability on the part of the OP here. At common law, parents aren't responsible for the acts of their children. Over time that has changed to give more liability, with the current parental liability statutes. However, most statutes refer to a child's intentional or malicious behavior and not negligent behavior. There are exceptions with the providing of alcohol and with storage of firearms. I'm not so sure there is a vicarious liability to mom.

A parent (or caregiver) can certainly have direct liability based on their duty to properly supervise the child. But mom wasn't even there at the time of the accident. Unless she had some reason to know aunt was not able to supervise properly, I don't see the direct liability here.

I do like Zinger's answer best though. The answer is not always a strict reading of the law. (Besides, Virginia may be extending parental liability laws and I don't want to start going through the codes either--especially for $250.)

 

[moburkes]

SIL isn't responsible for the damage. The little girl is.

The child who caused the damage is liable, regardless of the fact of her age. If she clogged up the toilet at your house and caused it to overflow, mom, she is still responsible for what she did. Just like she is responsible for learning her ABCs, potty training, manners. Accidents happen.

 

[Zigner]

Ok, after reading the op's reply...I'll clarify my my first response.

What I wrote was:

How could you NOT feel responsible for it, much less try to blame it on the INNOCENT victim

What I should have written was:

How could you NOT feel responsible for it, much less try to blame part of it on the INNOCENT victim.