Advice - Car Damage From Pupil at School - HotUKDeals
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Advice - Car Damage From Pupil at School

homer_213 Avatar
8y, 10m agoPosted 8 years, 10 months ago
Hey, i work at a school and before Xmas a child kicked a football and dented my car, not on purpose but admitted to it none the less. The size of the football is banned and he shouldnt of been playing there in the first place. Im having right trouble with the manager about the cost and who pays what. Can anyone shed any light or give me any advice?

At present he wants the parents to cover the cost of my excess on my insurance when its NOT going through, then leaving me out of pocket. It doesnt seem right and really dont need the hassled.
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homer_213 Avatar
8y, 10m agoPosted 8 years, 10 months ago
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1 Like #1
Hi homer. If your car was in the school car park, then the school is liable. Contact the localk LEA if the school manager remains stubborn. This happened to some of my colleagues too, thankfully our head is ver helpful. Good Luck!
#2
Thats what people have been saying that the school is liable, but the manager says that it doesnt have insurance or anything to cover it. The head wants to keep out as much as possible as other cars have been damaged with no one being caught and the school has not paid up.

What else can i do really, brand new car dent in the back, the parents might not even pay and the school doesnt want to know.
[Holiday Pirates] 1 Like #3
Hi

Put a note in writing to them asking them to pass it onto their insurance company and that you expect a written response within 21 days in accordance with the Civil Procedure Protocol.

Its up tot he school to recover it from the child's parents or whoever!

Hope this helps.
#4
True, StaceyAKelly. To put added pressure on, DO contact the local LEA, as they should have a record of the school's insurance etc.
#5
Ask the school to pass it onto there insurance company? Also the manager wanted me to pay for it with a 'Loan' from them like an advance. Then claim the money back from me for a year at £50 a month. Then the parents would reimbursh(not sure on spelling) me which totally isnt right. Today he also said that you park in the car park at your own risk. Its true for everywhere but theres no signs or anything.
#6
I'm not an expert, but surely if the car park is public (and a school car park would be), then surely they have to have Public Liability Insurance which should cover damage to property (in this case your car).

As Stacy, says put it all in writing and then they will have to respond. If they dont respond, it looks more favourable to you if you did have to take it to the small claims court.
[Holiday Pirates]#7
Doesnt matter if there is signs, there not worth the papers there written on.

Simply write advising that you wish to recover the cost of the damage to their vehicle and that you will be shortly obtaining quotes for the repairs (or provide the invoice if already prepared) and tell them to pass it onto their insurance company.
[Holiday Pirates]#8
alteratively contact your insurance company and they should do it all for you!
#9
You could always contact your insurance company, if you know who did it they will automatically chase either the child/parents or the school. It saves you the hassle and awkwardness of dealing with people you work with and having any bad feeling afterward. Most people would not want to make the claim on their insurance but realistically it is likely to make no differance as they will recover their costs. Bearing in mind that even if you do not claim you are obliged under the terms of your policy to disclose any accident claim loss or damage whether you claim or not. Insurers do exchange details so if you do not declare and successfully claim off school insurance the details will be on the insurers database, meaning that if anyone checks your details ( ie after an accident etc) then your policy would be invalid for non-disclosure.
#10
Ive got a quote from a garage where my brother use to work at and is the cheapest your going to get. Could i write to the childs parents myself personally? Thanks the the advice really helping, sent an email whilst a bit angry to the Manager saying that i dont want to do any of what he said.
[Holiday Pirates]#11
No, do not write direct to the parents, write to the school or even the local authority but not the child's parents. Liability Insurance covers for such accidents.
#12
That what i thought the school would have but the manager says otherwise and doesnt want to go down that road, and wants to get it out of the parents and doesnt care if it costs me or not/ What could i say to the school or local authority though
1 Like #13
i work for local government which also covers schools - if your vehicle was parked on the school site in the correct parking area - you just need to write to the insurance department at the local authority explain what happened and that you wish to make a claim for repairs - they will then write back to you and you just go from there completing any forms etc that they ask you to do
#14
Thanks, i just want to know why the school manager didnt say that as hes writing of to the parents asking for the money for repairs. How would i find the insurance department for the Local Authority?
#15
My wife works as a teacher and from what I understand, if you are a member of a teaching union (e.g. NUT / NASUWT), you are / may be covered by them. Even if you are not a member, their websites or TES website (or even an internet search) will no doubt discuss similar incidents and provide advice on the best way to deal with it.
Good luck!
#16
Found this on the NUT website:

Benefits and services
Automatically available to all members are the union's legal and professional services. All members are covered by group insurance and support services including:

insurance cover for
personal accidents
hospitalisation
personal property (inc spectacles)
malicious damage to motor vehicles in school or college premises


im not sure whether i'd qualify as im support staff.
banned#17
You say you work at the school, but in what capacity? As an employed member of staff? Most schools dont allow non authorised vehicles to be parked - so hence the question! Was it during normal school hours?

To add to the comments already made;

Do not make any contact with the parents. Its unlikely you would get anywhere - and you have no idea what the parents are like anyway!

Do put in writing to the school and CC to the LEA the details of what has happened and explain the unsatisfactory response to date from the school and the caretaker. (To be fair, the caretaker is probably just worried - and he has no power to do anything anyway.)

Also send a copy to the chair of governors of the school. It is them that have all the powers and run the school.

You will at least get a reply, even if its not what you want to hear! (And I suspect from the response so far, that will be to deny liability!)


Whats annoying with this - but also understandable to a degree is the fact it wont cost the school anything! They will have insurance - but whether it covers accidental damage such as this remains to be seen. Personally I doubt it will. So it will probably end up (unless there is a lawful reason they cannot get out of it), with the school saying its not their liability. But presumably the kid is a pupil and in their care, so it makes it so!

But then Im not a lawyer! (Though I am a guv!!!!!) ;-)
#18
write to your local authority at the town hall (or their main office if they are not in a 'town hall' ) and just write Insurance Department at the top - it will go to their mail room who will pass on to the insurance section - they will reply to you within 3 days (probably before but they state 3 days ) you can find out the address by typing in 'council' and the area you live in in google and it will come up with the address for you
#19
guv
You say you work at the school, but in what capacity? As an employed member of staff? Most schools dont allow non authorised vehicles to be parked - so hence the question! Was it during normal school hours?


I am employed full time there and was parked during normal school hours
banned#20
homer_213
I am employed full time there and was parked during normal school hours


OK cool. They wont be able to wriggle on that one then!
banned#21
stupid question here but wonder why the head does not want to claim on insurance he wont have to pay the cost, do you think he has handed in to many claims (false) and does not want to be found out?

lol threaten him/her with the press may open up a lot of can of worms??
#22
The reason he doesnt want to get involved is because other members of staff have had damage to there vehicles, with know-one admitting to it and the school not doing much about it.
Just got an email from my School Manager -

Staff park at there own risk and the employer is not responsible for any damage whilst vehicles are parked on site. If we did not know who caused the damage the responsibility for paying for the repairs would be yours.

It is school policy for damage to be recharged to parents of the student , which is what I am suggesting, but we can only asked for a donation to the value of the excess on the insurance policy.

If you wish to claim all of the costs you will need to report to the incident to the police and pursue as a private matter and you will need to obtain a crime number.

Unforetunately you are right in what you say if the parent does not make a contribution you will be left out of pocket


Which i think it total C**P in my opinion. Going to speak to a senior member of staff and get some advice from them. He says about the parents being liable as the kid owned up, but then why would they only have to pay a contribution when its not going anywhere near my insurance?
#23
Maybe your School Manager should go back to school to learn how to spell 'Unfortunately' correctly!
#24
My 2 pence worth - if the damage is caused whilst the children are under the control & care of the school then the school is responsible for any damage caused. the school will most definitely have 3rd party insurance, which will cover incidents like this. If the damage is caused outside of school hours then the school will generally not be liable (unless the children are still under the control & care of the school at the time).

My advice - do as others have suggested, & pass this to your insurance company, who will pursue the claim on your behalf (after all, that's why you pay them shed-loads of money every year!).
[Holiday Pirates]#25
Might I suggest you send the following to your Employer, the Local Authority. Dont panic about which department you send it to it will get passed onto the correct department. Also send a copy to the Headmaster the school.

Dear Sirs

Re: Incident Date: *********

I write in relation to an incident which occurred on the ___ day of _____________ 2008 at approximately _____am/pm.

Please confirm the identity of your insurers. Please note that the insurers will need to see this letter as soon as possible and it may effect your insurance cover and/or the conduct of any legal proceedings if you do not send this letter to them.

The circumstances of the incident are that that my vehicle was park at...........blah blah

The reason I am alleging that you are at fault is that you failed as my employer to ensure the safety of my property.

I reserve the right to add or alter the allegations of negligence.

A copy of this letter is attached for you to send to your insurers.

Finally I expect acknowledgment of this letter within 21 days by yourselves.

Yours faithfully,



I hope this helps!
#26
Hey Homer, did you send off this letter?

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