Two parked cars crashed into by juvenile runaway driver: who pays?

My two parked cars were hit by a vehicle. The driver of the vehicle is still unknown (16 years old and he ran). The other passenger, age 13 ran but was apprehended. The vehicle belongs to the mother of 13 year old and her vehicle is insured with the same company as mine. The insurer says that they are working on determining liability: either my policy or that of the 16 year boy who ran away who did not have permission to drive car, or of the owner of vehicle causing the damage. Who is responsible and how long should the repair estimate take?

We cannot really comment on how long the repairs would take as this is a matter for the repairing garage. The fact that your vehicles are insured by the same company as the vehicle that caused the damage should not prejudice your position.  However, it would be preferable for you to get completely independent advice, particularly if you have legal expenses cover provided directly by your insurers.

As your two vehicles were parked and hit by the other vehicle there is very little for the insurer to investigate in terms of liability.  Most likely they are trying to determine who was actually driving and assuming that person was not insured whether they can recoup what they have to pay out from the parents of the 13 year old.

Obviously the police are involved and the registration number of the offending vehicle has been noted, so if all else fails a claim can be made the Motor Insurers Bureau on the Untraced Driver agreement but they will not pay the first £300.00 of each claim and you have two.  Thus if your claim was limited to, for example, a £250.00 excess on each vehicle, the MIB would not entertain it.

As however the insurers of the vehicle have been identified, a claim against them could be made under the European Communities (Rights Against Insurers) Regulations 2002.

This handy but little used legislation has not been tested much in the courts and  if the parents of the 13 year old fail to co-operate, the insurers might try to argue that as the driver was unidentified, the regulations do not apply.  This could be an interesting test case.

No action would lie against the 13 year old for allowing the 16 year old to drive the vehicle as one cannot sue a person under the age of 18.  The parents of such a person can in theory be sued but one would have to establish negligence in that they allowed the child and his friend to use the car.  The outcome of any court action could be uncertain but we would interested to see the result.

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