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Original poster

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:
Rachel1874 · 19/10/2019 19:37

No danger. Do not pay anything!!

BrokenWing · 19/10/2019 19:38

Don’t pedestrians always have right of way?

Car drivers will always give way to pedestrians, but that doesn't make them automatically liable if a child suddenly appears on a bike directly in front of them giving them no time to stop.

Obviously the priority is always treatment for any injuries, but after that the driver should not be out of pocket for damage to their property if it was due to someone else's neglect. They should contact their insurers to deal with it, they will know the legal position and if anything can be claimed in these circumstances. Op should deal with the divers insurance company only if they contact her, via her own solicitor if necessary not directly with the driver.

TwatCat · 19/10/2019 19:41

If I was the driver I would be devastated that I'd hit your son, regardless of whose fault it was, he is only twelve years old ffs and doesn't adequately know the Highway Code save for a few bicycle lessons in school (if they have them). I'd absolutely be footing the bill through my car insurance and I'd be checking up on your son with a large box of chocolates too.

Op hope your son is off his crutches soon.

cjpark · 19/10/2019 19:42

I recently had 5 inch gouge to my car bonnet by a child on a scooter who came off the pavement into the road around a corner. The boy was about 8 and thankfully fine but although annoying. The parents didn't offer to pay and my insurance would only cover it if I paid my £250 excess.

letterfromthecouncil · 19/10/2019 19:43

I think it takes a special kind of shit of a person to try and pursue a kid who you knocked off a bike for money.

DameFanny · 19/10/2019 19:55

I think it takes a special kind of shit of a person to try and pursue a kid who you knocked off a bike rode their bike into your car for money.

Fixed that for you

letterfromthecouncil · 19/10/2019 19:57

You didn't fix anything for me. She put the kid in hospital.

Ali1cedowntherabbithole · 19/10/2019 20:02

Generally when driving we don’t expect anything to shoot out unexpected.

I hope you’re not a driver.

Hecateh · 19/10/2019 20:09

From my memory of riding a bike at that age - the bike was like an extension of my legs.

Does he ride out of your drive on to the road regularly?

As he is riding down the drive is it possible for him to see a car coming down the road?
Is there often traffic on the road? or is it usually empty?

It's no excuse if it's empty, but for a 12 year old he will have done this many times - if it's usually empty it is more likely to be his fault on this occasion than if it's quite busy as he is more likely to have looked, for however far he can see.

Sb74 · 19/10/2019 20:13

Is this a joke op? If someone knocked my child off their bike I would be claiming from them???! I don’t get how you are thinking and the driver is very cheeky. The driver should be capable of performing an emergency stop without any notice. If a small child or animal suddenly ran out she would have had to stop. If a car had pulled out suddenly and she hit that car she would be responsible as its always the driver that didn’t stop at fault. It’s no different that it was a child on a bike. This is outrageous and I can’t believe you want to pay for someone who hurt your child?! Tell her where to go and check your child is ok and doesn’t need to claim for therapy and physio. I’m in shock at how ridiculous this is!? I hope you see sense.op!!

DameFanny · 19/10/2019 20:20

The child rode without due care and attention and hit the car...

Localocal · 19/10/2019 20:20

It may well be your son's fault if he cycled out through your gate into the road without looking. The car traveling in the road has right of way, and your son doubtless feels upset about it because he knows better than to cycle into the road blind like that. But this lady can't just send you the bill. She can claim it on her insurance and they can look at her statement and your statement and the police report and decide whether to ask you for money. Maybe they will, maybe they won't. I would wait and see, and get hold of the police report.

It's awful to say it since your son was hurt and that's every parent's nightmare, but it doesn't sound to me like this lady was to blame. She's not very nice for dropping a bill on you when your son is barely out of hospital though.

Sb74 · 19/10/2019 20:21

I’ve heard some different views on fault. In my opinion if the car went into the boy the drivers at fault but if the bike went into the car the boy is at fault. it sounds to me the driver went into the boy and failed to stop therefore driver is at fault. Driver needs to claim on their own insurance.

DameFanny · 19/10/2019 20:21

How about some attention to facts and nuance - it's not just "car must be at fault" or "child can't possibly be responsible". Read the OP's words.

NotMyRealName123 · 19/10/2019 20:28

I haven't RTFT yet but I'm fairly certain that regardless of fault, as he was on a bicycle (uninsurable) then she will have to pay for her own damage?

Baguetteaboutit · 19/10/2019 20:30

I don't think the car was necessarily responsible or that the kid could not possibly be responsible, I just don't think that the kid is automatically liable to pay for the damage just because the driver considers that to be the fair outcome.

BMW6 · 19/10/2019 20:33

Surely it is the fault of the person joining the road?
If a driver comes off their drive to join the traffic they are at fault if they don't stop to ensure the way is clear.
I get that this involves a child on a bike, but the same common sense applies - don't shoot out of drive onto road without stopping to check it is safe to do so.
It is lucky the child wasn't seriously injured or, God forbid, killed. But as the OP has described it I cannot see how the car driver was at fault, and why should they be ££££ out of pocket for car repairs when they were not at fault?

MrsMupps · 19/10/2019 20:37

Even if your child is responsible, your child is not insured, which means that the drivers insurance company pays for the damage, but can’t claim off you - just as if an uninsured car driver hit their car. You didn’t see it, so you only state the facts if contacted and do not accept liability as you did not see it.
Both my boys have cycling insurance and are insured for third party damage and have legal cover among other benefits. It costs less than £25 per year and is available from British cycling and Cycling UK. (Poss others too?, but they are the main ones)

Sb74 · 19/10/2019 20:40

I have read the ops posts and it sounds as though the driver hit the boy. I certainly wouldn’t pay a thing and I would feel very guilty as a driver. People are unbelievable.

CauliflowerBalti · 19/10/2019 20:43

A kid on a bike hit my car once - flew out of a side path into the side of me. 100% his fault - I was travelling at 20mph, the car behind stopped and assured me I couldn’t have done anything.

It didn’t enter my head to try and claim the cost of the repairs from his parents. I was mortified and so anxious that he wasn’t hurt.

I think it’s possible for it to be your son’s fault AND one of those things where no one should be financially responsible.

AthollPlace · 19/10/2019 20:51

You should be claiming from her for your son’s injuries and the cost of repairing his bike.

BMW6 · 19/10/2019 21:00

On what basis Athol? The car driver was travelling on the road and the child on bike didn't stop to check road was clear before joining road.

It would be exactly the same if a pedestrian stepped off the pavement into the path of your car without looking - you would expect the pedestrian to be able to sue you the driver or claim for their injuries from your insurance????

bigfatmoggy · 19/10/2019 21:09

Haven't RTFT so apologies if this has already been mentioned - but there was a case that went to court recently where a cyclist in London hit a woman who stepped off the kerb while texting on her phone - and he was found to be to blame! In that case I thought the result was appalling - but the bottom line was apparently that if you use the road you have to expect certain risks and hazards, and be ready for them. So I think if your case went to court she would lose.

That said - if she was doing 30 and he shot out of your drive without thinking then I imagine it would be hard not to hit him - but she should be very grateful he wasn't hurt more than he was, and leave it at that! But if it does go further - your home insurance may very well cover you, it's amazing what they do insure you for. Worth a call, anyway.

BigDaddyG · 19/10/2019 21:10

Be careful with this if you’re a bit skint. Ring your home Insurers and ask them to check your legal liability cover - if her Insurers are involved they are obviously seeking redress. It’s not as easy as saying don’t pay!

saraclara · 19/10/2019 21:19

My brother was nearly killed doing the same thing. I'll never forget the driver absolutely shaking with stress. Yet the guy can't have been doing more than 10mph. He'd only just come out of his own driveway. My brother just hurtled out of an alleyway without looking.

I really don't know why so many people are blaming the driver here. You weren't there, and the boy himself knows he was at fault.