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Son knocked off bike, car dented, do I pay?

398 replies

Oliphantitus · 18/10/2019 18:49

Hello, my son was knocked off his bike and left a large dent in the car which knocked him off. I didn't see the accident but he thinks he came out our gate fast, and I think the driver was going too fast as she couldn't stop. ( Son is ok, spent lots of time in hospital but no real injury, phew).

She is sending me the bill through her insurance, but I don't know which insurance I have which will cover it. It happened on a road so don't think it will be home insurance. It didn't involve my car so can't be vehicle insurance? I have no money at the moment so a bit worried. Any advice appreciated...

OP posts:
bruffin · 19/10/2019 11:44

The driver hit the child, he may be at fault but as far as the damage caused the the car is concerned the driver will have to go via their insurance and it will be logged as a fault claim, because they have no one to reclaim costs.
A previous stated they can go through the parents building insurance legal liability so if they have it.

yellowallpaper · 19/10/2019 11:45

This sort of thing is usually covered by your house insurance

yellowallpaper · 19/10/2019 11:46

Insurance companies will often say in cases like this, the driver and the cyclist are at fault. They would then pay the damage repair.

SistersOfPercy · 19/10/2019 12:01

Many years ago a teenage girl decided to leg it across the road to her mates without looking. The road was a national speed limit.
Fortunately for this girl DH had some kind of spidey sense as to what she'd do and slowed in anticipation. It saved her life and although she did bounce off the bonnet it was at an estimated 15mph rather than the 70mph that would have killed her.

It totalled the windscreen and at the time we'd got two young kids and not a bean to rub together but at no point did we expect the girls parents to pay those costs. We were thankful she was alive and relatively uninjured aside from a few bruises and a concussion.

What did piss me off though was the total radio silence from the family. If only they appreciated the months that DH couldn't sleep. The tension in him when he drove down a street with kids at the side of it. I'm not saying an apology would have changed that, but it would have been nice.

OP's case is similar in the fact that this is seemingly another kid thats shot out without looking. I think driver is a bit cheeky expecting you to pay. An apology suffices I feel.

Myimaginarycathasfleas · 19/10/2019 13:13

What did piss me off though was the total radio silence from the family.

Actually I had the opposite experience. I was contacted by the grandmother of the child who ran in front of my car to tell me she was alright after a night in hospital. Although the purpose of the call was to reassure me that everyone knew I was not at fault, I was not happy that the police had given out my personal details. If the child had suffered any long term ill effects her family would have known how to contact me.

cabbageking · 19/10/2019 13:37

The car owner should go through her insurance company and they will weigh up if a claim should be made against the child, ie the parents.
Leave it to her insurance to sort.

ItsGoingTibiaK · 19/10/2019 14:45

Interesting thread running elsewhere...

www.mumsnet.com/Talk/thirty_days_only/3721575-Someone-cycled-into-rear-windshield-no-money-to-pay-WWYD

Baguetteaboutit · 19/10/2019 14:53

How fast would you have to be going on a bike to total a windscreen? Presumably it was Chris Hoy and he'll have bike insurance, no doubt.

TheCherries · 19/10/2019 17:32

Your son flew out of the gate on his bike into the road and admitted he was going too fast.

If your dog does that you are liable for the damage so I say the same applies if a child does that.

exaltedwombat · 19/10/2019 17:34

If the car was stationary and your son rode into it without looking, is it the car's fault? What if it was travelling at 5mph? Your son MIGHT be at fault here.

Sara107 · 19/10/2019 17:40

Many years ago I hit a child on a bike. She shot out of a side road without looking, I couldn’t react quickly enough. She collided with the side of the car and put a dent in it. Luckily I was going very slowly and she wasn’t hurt or her bike damaged. Her parents accepted that it was her fault for zooming out without looking, but I was advised by a witness to do things properly and contact both the police and my insurance company to say what had happened- to protect me from them claiming against me. There was absolutely no question that I might claim against them for the dent in the car, even though it really wasn’t my fault. I don’t think you are liable (it was your son involved anyway, not you).

exaltedwombat · 19/10/2019 17:41

I had this once. When halfway across a zebra crossing a child cycled into the side of my car. Police attended, there was no question of blaming me. I asked for her address so I could enquire whether she was ok. The police have it time, but advised that any contact might be seen as admission of liability. I sent her a box of sweets anyway. (This was in the days when giving kids sweets wasn't considered an assault.)

strawberry2017 · 19/10/2019 17:48

I'd be that horrified at hitting a child with my car regardless of if it was the child's fault I wouldn't dream of asking the parents of the child to pay. I'd just be relieved there was no serious damage to the child and that he had walked away. I think it would be horrible to live with knowing I'd played a part in the accident.
Even if he pulled out of the drive quickly sometimes I think drivers become too complacent when it comes to hazards.

Sussedyouout · 19/10/2019 17:49

Do you have extra legal cover on your home insurance policy? Unless someone else on here has suggested it, sorry it has been as I’ve not read all the replies. Best wishes to you & your son 💐

MollyMinniesMum · 19/10/2019 17:50

You and your son should be sueing her! Cheeky b word

Sussedyouout · 19/10/2019 17:51

....or get some advice with the citizens advice bureau?

Honeyroar · 19/10/2019 17:53

First of all I'm glad your son is ok and feel for you, it must have been a great shock.

However for discussion purposes, I don't think it's an easy one. Your son sounds not to have looked and just ridden out into the road, which to some point is hardly her fault. Technically the lady isn't pursuing a minor to pay for her car, she's pursuing his parents who were responsible for him and let him out on a road un supervised. I have third party insurance for my horses and dogs in case they run on the road and cause an accident, perhaps we need this for cyclists/children too? I kind of feel for the driver who may have had the shock of her life if a child hurtled out in front of her and she genuinely may not have been able to properly stop, yet is left with possibly a lot of damage to her car. I'm not throwing blame either way personally, just saying its a grey area sometimes. Yes a driver should ideally be able to stop, but occasionally there may be circumstances that alter it. If something runs out from behind a hedge at a closer range than your car's stopping distance you're stuffed..

Newmum918 · 19/10/2019 18:00

I’m surprised the woman wouldn’t be so upset that she’s knocked your son over that she wouldn’t even dream of asking you to pay. He’s 12!! I’d be more concerned he was okay. Don’t pedestrians always have right of way?

Newmum918 · 19/10/2019 18:02

www.birchallblackburn.co.uk/do-pedestrians-always-have-right-of-way-on-roads/

Looks like in your sons case she should have been taking appropriate care ...

Woodlandwitch · 19/10/2019 18:06

A friend knocked a boy off his bike once. The child wasn’t riding safely but the responsibility still lies with the driver of the car.

She had to pay out for a new bike for the child and if he was injured would have been liable for that too. Luckily he wasn’t

bookwormsforever · 19/10/2019 18:14

You and your son should be sueing her! Cheeky b word

WTF, @MollyMinniesMum? What are you basing this on? How do you know the driver was at fault?

Don’t pedestrians always have right of way?

@Newmum918: I think you mean that if a pedestrian has started to cross the road they have right of way. But OP's son was not a pedestrian; he was on a bike!! And he wasn't crossing the road.

Some people really are hard of thinking.

RhinoskinhaveI · 19/10/2019 18:25

She's having a laugh, I would report her for dangerous driving.
Bit of a DARVO move!!

RhinoskinhaveI · 19/10/2019 18:27

I have third party insurance for my horses and dogs in case they run on the road and cause an accident, perhaps we need this for cyclists/children
I can see an argument for it but I cant see that mandatory insurance for these groups is enforceable?

Creambeforejam · 19/10/2019 18:29

Dear OP, I have had exactly the same thing with my son on his way to school and the driver tried to bill me. Well, I told her how cheeky she was. Who hits a child off a bike and requests to be compensated? Lunacy! Hmm. I stated I won't pay, there is no way a child would be at fault in this. If there was a gate, just like around schools, the onus is on the driver to seek out any hazards cautiously. Don't pay, Don't beat about the Bush, tell her straight on.
Good luck.

scrappydappydoooooo · 19/10/2019 18:31

The driver is always at fault. Always.

No they fucking aren't. If the cyclist came off a driveway without due care and hit into a vehicle with right of way it was the cyclists fault. Drivers aren't bloody magic.