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to not pay the woman who ran over my son her car repairs?

(141 Posts)
annabel1972 Fri 09-Oct-09 23:06:49

Hi

Not posted on here before so hello! Also would appreciate help with a dilemma I'm having.

Basically someone ran my son over 2 months ago and she wants me to pay for damages to her car. I have 2 reasons for no wanting to pa (well 3 if Icount being totally skint) but:

1. Whilst I wouldn't say that the accident was 100% her fault in her position I would have stopped in time.

What happened was that I picked my son and daughter up from school (it was really busy as there are 800 children at their school). When we went to cross the road I said that we'd cross when there was a gap but unfortunately my son (8) misjudged it and walked out. I screamed at him and he stopped where he was but the cars wing mirror caught him and was damaged (the glass broke and the mirror was detached). We were all quite shocked by what had happened and I said I'd pay for the damage and immediately took my son to A&E.

Fortuntately my son was fine.

Later on her husband phoned to see how my son was and to say that they'd go through insurance for the damage to the car.

2. I know for a fact that from the paperwork she's sent me she's only paid £25 for repairs but is trying to claim on quotes for over £300. I feel as though she's trying to profit from running my son over as the invoice she's paid is for a part that would be no good unless she's had the other work done.

Now she's threatening me with court and I don't know what to do. My insurers have said I'm not liable and that she's lucky I'm not suing her, but after googling this it seems like such a grey area.

Morally I'd like to tell her where to go - am I being unreasonable?

Honest opinions very much appreciated...

overmydeadbody Fri 09-Oct-09 23:09:23

YANBU

Gosh, she sounds like she is trying her luck to be honest. Jst stand your ground, if the insurance people say you are not liable, then you are not.

shonaspurtle Fri 09-Oct-09 23:11:35

Not sure what you're saying - you think the repairs cost her £25 but she's trying to defraud her insurance company of a further £275 which they'll then claim from you??

If that the case send her a chq for £25 and tell her you'll shop her to the insurance company unless you hear no more about it.

NoBiggy Fri 09-Oct-09 23:11:51

Shouldn't she be driving such that she can stop short of an obstruction? And outside a school she should be more vigilant?

Let her have a crack at suing an 8 year old. See how far she gets.

smoking2shoes Fri 09-Oct-09 23:12:10

bit odd imo
I would be relived the child wasn't hurt
and would just ask for the £25

nancy75 Fri 09-Oct-09 23:12:49

what kind of car is it? a wing mirror could easily cost that amount on some cars. maybe she had to buy a part in order to have the repair done and will send an invoice for further work?
why would you be suing her? - your son walked out into the road, was she speeding?

tearinghairout Fri 09-Oct-09 23:13:16

YANBU. Agree with Overmydead...

People need to be doubly careful around schools. She should pay up he £25 and shut up about it - I'd be so embarrassed/ashamed if I'd hit a little boy that I'd pay amything to have it all over & done with - she's BVU

InMyLittleHead Fri 09-Oct-09 23:13:24

What the bollocks?

I cannot believe someone would have the nerve to try and get money to fix a bloody wing mirror when they had driven into a child.

I doubt it would have cost her £300 to get a part for a wing mirror fixed, even if she has had it done at a specialist garage (i.e. if it was a BMW/Merc and was fixed at that specific garage).

Tell her you want to see evidence that it has cost her that much, and tell her what your insurers have said. You might as well say that you haven't ruled out suing her for hitting your son. Hopefully that will shit her up a bit.

MillyR Fri 09-Oct-09 23:13:53

I cannot believe you are even considering giving her money. How can an eight year old be held liable for this, morally or legally?

TheCrackFox Fri 09-Oct-09 23:15:21

YANBU. If I was the driver I would be thinking "phew, he is ok" not trying to defraud my insurance company.

What a cheeky cow.

HeBewitcheditude Fri 09-Oct-09 23:16:40

Phone a no-win no-fee lawyer shark and see if you can sue her for hitting your DS.

Live by the sword, die by the sword.

smoking2shoes Fri 09-Oct-09 23:16:55

ffs she didn't drive into the op's son
he walked into the road.
it is not always the drivers fault
the op said she would pay for the damage

InMyLittleHead Fri 09-Oct-09 23:19:25

smoking2shoes - it's the principle of the thing really, isn't it? Personally, I would just be so relieved the child was alright. I really wouldn't be thinking of my bloody wing mirror. Plus I do not believe it cost £300 to fix.

annabel1972 Fri 09-Oct-09 23:20:05

Thanks for quick replies!
overmydeadbody - just hope the court will agree with insurance company. Could really do without the assle to be honest!

shonaspurtle - that's what's odd -she never went through the insurance. All the coresspondace has been from her. Latest letter came on letter headed paper for a local firm of bailiffs who she just happens to work for1

Nobiggy - thats what I meant when I said I would have stopped. Even when I see High School Kids I slow down as you never know if they're gonna push each other into the road or not. She was probably going under 30 mph but I would have gone more like 20 where it was and the time of day.

smoking2shoes - that's what I think and would have given her that but it's really hacked me off that she's trying to profit from it.

HeBewitcheditude Fri 09-Oct-09 23:20:58

Yes but you do an emergency stop don't you?

I had to do one the other day. Extremely unpleasant and nerve racking, but that's what you do when a kid walks out, isn't it?

And she deserves to be sued. She's taking the piss. I wouldn't suggest it if she were reasonable.

pointyhat Fri 09-Oct-09 23:21:18

You;ve seen the paperwork and her claim? Pass it on to your insurers then. I don't see what your problem is.

TigerBitesAgain Fri 09-Oct-09 23:22:32

hello

well I wouldn't have agreed to pay her anything, but since you did and you know that she only paid £25, (was that just the cost of the wing mirror itself though), I should send her the chq in full and final settlement and refuse to pay any more. If she's just bandying about quotes for what it would have cost had she gone to the most expensive garage she could find (the one I usually end up in, natch) then she can't pursue those costs. She is under a duty to mitigate her losses, as the lawyers say, not to find the biggest rip off repair merchant she can.

Your poor DS, I bet he's worried about crossing roads now.

annabel1972 Fri 09-Oct-09 23:22:41

It's a kia! thats what insurance guy said too. He said he would have thought it a Bentley for that amount!

IMoveTheStarsForNoOne Fri 09-Oct-09 23:23:06

Um... bollocks, sorry.

Small child runs into the road and she's asking for damages? Fuck her!! she's lucky she didn't seriously hurt the boy?!?!!!

She should claim on her own insurance.

nancy75 Fri 09-Oct-09 23:23:14

what insurers would she pass it on to?op was not in a car so car insurance wouldnt cover it.

pointyhat Fri 09-Oct-09 23:23:50

How odd that some of you know exactly what you would have done in this situation to avoid any accident. Life must be so much easier for you.

Northernlurker Fri 09-Oct-09 23:25:47

No you shouldn't pay her anything! She did hit your son and that is her responsibility not his.

LynetteScavo Fri 09-Oct-09 23:26:30

But surely the insurers pay the garage directly...can she really prfit form this?

You need to move on, and be greatful your son wasn't hurt. If she wasn't speeding, she wasn't in the wrong.(Althoguh everyone should be extra careflu around schools!)

She also needs to move on, pay up the £25 and be glad she didn't do any serious damage to a child.

Why are your insurers invloved? You were crossing the road. hmm

Let her take you to court. She will probably pay her solicitors £2,000 for nothing.

annabel1972 Fri 09-Oct-09 23:26:31

To be honest it was a lesson well learnt for son.

We live in a really busy area so he understands why I'm so mean about not letting him go anywhere that involves crossing the road. Plus he understands why you have to actually stop, look & listen..

MillyR Fri 09-Oct-09 23:27:50

The OP was the only one of us who was there, and she said there was a time for the car to stop. In that case, the driver is considered 75% liable, unless she can prove that she couldn't stop in time.

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