The girl’s Dad apologised, but now I have a cracked mudguard that is going to cost me money. I know the family, so can I make a claim against them?
You could bring a claim against the girl in a court of law. However, before even contemplating doing that I would start with a polite tap on the door to see what Dad’s response is. You never know, he may just square you up. I would also ask if they have any house insurance, as that may well pay out for the damage.
If you do decide to issue court proceedings I would think carefully before spending your hard-earned cash on solicitors. Whilst you may well have a good claim, it is likely that this would be allocated to what is known as the Small Claims Track. This is because the financial value of your claim is below £10,000. The Small Claim Track is designed so that people may bring their own claims without the use of a lawyer.
If you do need to use a motorcycle accident lawyer, the disadvantage is that it would be unlikely for you to obtain a costs order against the other side to cover the costs. The likelihood is that legal costs will equal a large part of, or even exceed the amount you are claiming. Lastly, it’s worth pointing out that if she is a 10-year-old girl, with no money and her Dad does not have house insurance, you could get a court order against her, but never actually get paid for the damage.
Andrew ‘Chef’ Prendergast
More Bikes October 2019