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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:
jackie2669 · 19/10/2019 18:32

If she hit him with front of car and he ended up on bonnet I would she was going to fast.

Newmum918 · 19/10/2019 18:32

@bookwormsforever lol why so serious - it was a question I think we are all just trying to support a fellow mother who is worried. We should support each other not drag one and other xx

Oakmaiden · 19/10/2019 18:34

I haven't read every single post, but have read all the OPs posts.

To be honest, OP, it doesn't really matter what the posters on MN think about who was at fault - what matters is what the insurance company think. So wait until you hear from them (and you may not - in which case all good.) In the meantime look out your buildings/contents insurance so if you do hear from them you can give them those policy details and they will sort it out between themselves.

MollyMinniesMum · 19/10/2019 18:36

@bookwormsforever if you don’t know that a child on a bike has more priority right of way on a public road than someone driving a car then may I digest that you hand your driving license to the nearest police officer as soon as possible.

scrappydappydoooooo · 19/10/2019 18:36

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 ...

No it doesn't. Did you read something else?

msjrmesq · 19/10/2019 18:36

Where is the dent? If it's on the front of the car then he was knocked off the bike and she should fuck right off. If he cycled into the side of the car (doesn't sound like he did) then maybe there is some justification but I'm not convinced.

MollyMinniesMum · 19/10/2019 18:36

suggest

Danny8558 · 19/10/2019 18:37

It is not your responsibility to pay for the damage. There is a presumption with cyclists that the motorist is at fault. You should always be able to stop (emergency stop in driving test)
You have no liability and should not pay anything.

Irisloulou · 19/10/2019 18:37

It rob ably was your sons fault. He shot out of the gate, how could she have stopped?
Generally when driving we don’t expect anything to shoot out unexpected.

Many years ago my boyfriends friend had this happen to him, only the child was run over. It was not the drivers fault in any way. The boys family continued to pursue the driver ( a surgeon by this point) through the civil court for years.

BLOOdy awful. NOT sure that you are responsible to pay. Surely children are not liable.

Babysharkdoodoodood · 19/10/2019 18:38

My son got run over. She was driving way too fast near a school and I got a call from police as he was in the hospital. Luckily just bruises and gravel rash.

I later got a call from her husband asking for us to pay for her damaged wing mirror. I asked him incredulously whether I was hearing correctly that he wanted me to pay to fix the car damaged by my 10yr old's body impacting on her car. Then I said we could sort it in court if that's what he wanted. Compensation for injuries vs damage to car.

No idea whether it would get that far but he stuttered a lot and backed down. Twat!

Commonwasher · 19/10/2019 18:39

You have raised a polite child who apologised when he realised her car was damaged. It does not follow that he is responsible for the accident or the damage, or that you are liable.

It sounds like she didn’t see him soon enough to stop.

I would say quite clearly that a shocked 12 year old’s apology reflects his manners not his responsibility and she should fund her repairs herself.

HyacynthBucket · 19/10/2019 18:40

I think is correct - I believe that a road accident that involves injury to someone is a matter for the police. As your son spent time in hospital, I would refer it to the police. It can do no harm, and they may press a charge or give a caution. She is being pretty cheeky if she thinks this can be ignored AND sends you the bill. That is why she has car insurance.

AlexaAmbidextra · 19/10/2019 18:45

I would report her for dangerous driving.

Rhinoskinhavel. Really? And on what would you base that? We’re you there?

bruffin · 19/10/2019 18:48

Surely children are not liable
Their parents can be reliable for their childrens actions. It could be said that OP should not have allowed her son out on his bike in that road because he was not mature enough to be able to judge traffic or have the mental capacity to know that he doesnt go shooting out of a gate without first checking oncoming traffic etc.

RhinoskinhaveI · 19/10/2019 18:48

I later got a call from her husband asking for us to pay for her damaged wing mirror
obvious attempt to control the narrative and frame things in his favour, he thought that the stress and trauma would make you an easy target to exploit.
Nice work calling him out!

fluffyjumper · 19/10/2019 18:48

A 10 year old girl rode her bike into my car whilst I was driving. The police attended and witnesses gave statements that she didnt stop and look but just rode across the road. I was told I had to inform my insurance company within 24hrs which I did. Insurance company told me that as she is 10yrs old I would be documented as being responsible and she could put in a claim for her bike to be repaired or replaced. Even though the police report stated she just rode out of nowhere into the road.

Luckily I was just pulling off so wasnt going more then 10mph. She did however need an operation to fix a wrist fracture. This was 3 years ago, I still avoid that road and think of the poor little girl lying in the road crying. We couldn't contact her parents, we managed to contact her school and school staff went in the ambulance with her.

Maybe offer to pay half, I didn't and wouldn't dream of asking for money.

RhinoskinhaveI · 19/10/2019 18:50

dont offer to pay anything, dont engage with her at all but keep a log of everything in case you need to build a case against her

Thehagonthehill · 19/10/2019 18:59

The insurance company can send you a bill.They could send a letter asking about the incident.You weren't there so the only facts you know is that your 12 year old was struck by the front of a car and has needed hospital treatment and is on crutches.
Without photos and as he was hit by the front of the car(which the insurance company will know) it is the mpossible to know who was at fault and she cannot claim from a minor.
So don't worry and look after your boy.

bruffin · 19/10/2019 19:05

and she cannot claim from a minor.
Again they can claim from the minors parents if they are proved to be neglectful in allowing him out on his bike.

erniepigy · 19/10/2019 19:06

If there were any injuries the police should have been called.
They would have established fault at the time.
Did you son cycle out of the gate and into the road. If so I would have said he was at fault.
I’m assuming she wasn’t driving on any pavement or walkway?
Is her damage in the side/middle of her car?

TheRosesAreInBloom · 19/10/2019 19:19

Hi there OP, I haven’t read all of the responses so this may have been covered. When my son, around the same age, wasn’t able to stop in time (she had most certainly not checked to her left for pedestrians), he struck a car coming out of an apartment complex park. He fell off his bike and hurt his leg, just grazes and bruising.

I later discovered the car driver sent her boyfriend to follow him home (he’d mentioned he was on his
Way to football training at the local school)!!

An hour or so Later she came up to the house asking how I would like to cover the repairs (she had only had the car a Couple of weeks).

I spoke to a lawyer friend who
Told me to check to see if we had family insurance as part of our home
Insurance and give her those details. This we did and never heard anymore. Whether or not she was successful in her claim I don’t know but it it took us right out of the narrative.
It’s the family protection (or similar) element you are Looking for within your policy. Good luck

HostessTrolley · 19/10/2019 19:29

When my son was about 13, he was on his bike in a quiet residential area going down a hill (to the park). He hit a pothole and went down the side of a parked car, damaging several panels. He went knocking on doors to find out whose car it was - the first I knew about it was the bloke bringing my son home dripping blood everywhere! He was very impressed that son hasn’t just ridden off. We had legal cover on our house insurance and they sorted it out with the guys car insurance company, we didn’t hear any more about it

SD1978 · 19/10/2019 19:30

I doubt she was going too fast if he sustained no i juries. He's come shooting out of a concealed driveway into a road and in front of a car. Sorry- but yes he's to blame for the accident. I am very glad that he's not hurt, and I don't believe you can be forced to pay as he is a pedestrian/cyclist and a minor. Offering her something towards the damage though sounds as if it would be fair.

lightsoul · 19/10/2019 19:30

My home insurance covered the cost of replacing my sons bike when he was knocked off. She said he pulled out in front of her but he could not remember anything she also said he had no lights but an independent witness saw his light was on it stopped working after the accident. She said she was in the speed limit but I doubt it given the damage and the speed cars usually do on that stretch of road. She never claimed against me for her car but went through her insurer who did not pursue us. I hope that helps

Mollpop · 19/10/2019 19:31

It's not necessarily the driver's fault. If she was going too fast it's likely that he'd be more seriously injured. You don't know whether she was going too fast or not. If he came out onto the road without looking properly is his fault. In the save way that if a driver pulled out of a side street without looking properly, it's be their fault.