Child's liability for damage to car

Questioner

9 year old child parks bike next to parked car. Bike falls (due to wind?) against car and damages it. Car owner holds child liable. What did child do wrong and what is child to blame for?

Lawyer

In principle, the child is not to blame because it is a minor and the parents are liable for the damage that has occurred. The owner of the car can submit the damage to the parents, who will forward it to their third-party insurance company. For more information or help, you can contact me directly and free of charge.

Questioner

Thank you for your answer. I thought the same about what you described. However, I received a letter from my WA insurer with the following questions: 1. Would you please explain how your daughter's bike fell against the car? What was the cause? 2. What did your daughter do wrong? What is she to blame for? I don't know what to answer 'legally' now! Please give your feedback(s).

Lawyer

The insurer wants to know whether the damage was caused intentionally by your daughter. Please indicate that this is absolutely not the case and that the bicycle was spontaneously parked there by your daughter and (presumably) hit the car by the wind. If the insurer disputes this, they must prove this. In response to the 2nd question, you can indicate that your daughter did nothing wrong and is therefore not to blame. For more help or information, you can contact me directly and free of charge.