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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1527
Experience:  BCom; LLB; Masters in Law
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Please advise my son was playing a few street away from our

Customer Question

Please advise my son was playing a few street away from our house and children was throwing him with stones , so he did throw them back and it hit the car. the owner of the car did however approach me and i said i will have to talk to my so father family. so i did get a message from them to say the bill is R3500. Just for a small scratch on the car. I'm a single parent my son father don't support me at all and I'm so stressed out Because i don't know where I'm gonna get that money, The owner of the car told me she going to her insurance. But end of december she told me that a guy close to us did give er a quotation and i have to pay my son is 6 years and her car was standing outside.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: How do you mean Pearl .
JA: Has anything been filed or reported?
Customer: Not that I'm aware off
JA: Anything else you want the lawyer to know before I connect you?
Customer: I did however ask the owner of the car if i can pay it off but i never did because i just don't have the money for it. My son is ADHD and to be a single parent it is very difficult.
Submitted: 3 months ago.
Category: South Africa Law
Customer: replied 3 months ago.
today the owner is calling me to ask where's the money what can i do
Expert:  CaseLaw replied 3 months ago.

Hi there and thank you for your question,

I will try to assist you with your legal question but please feel free to ask as many follow up questions in order to clarify your initial question. If you have a new question, you must please open a new thread.

Look, the legal question comes down to whether your son has the ability to understand if he's done something wrong and if he understands the consequences of his actions. At 6 years old, I don't think that this is the case.

Legally therefore, I don't think that the owner of the car will be able to hold your son liable for the damage. And please understand, the owner of the car can't hold YOU liable - since you never threw the stone.

I think that you must tell the owner of the car that your son didn't know what he was doing was wrong, and that he was only trying to protect himself from the other children, and that it was an accident. Your son didn't throw the stone at the car in an attempt to cause damage, it was an accident that the stone hit the car.

So, legally speaking, your son is not liable for the damage, and you're not liable for the costs.

Tell him that he must claim against his insurance for the repairs and that you will not be bullied into paying.

If he threatens to go to the police, tell him to go. Explain to the police what I've said above - that your son can't be held liable because he's so young. The police will tell the owner of the car to leave it alone and go away!

If my answer hasn't provided you with enough clarity regarding your initial question, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw

Expert:  CaseLaw replied 3 months ago.

Hi there again,

I see that you've read my answer and I hope that you understood the answer and that it was useful? If you have a further question please ask it, or if you need clarity on the answer please let me know.

If you're happy that I've answered your question, please leave positive feedback for me.

Regards

CaseLaw