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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:

saraclara · 19/10/2019 21:22

a kid who you knocked off a bike

How about a kid that rode into your car?

OP, check your home insurance. They nearly always cover personal liability. You'll just need to check if it covers accidents off your property.

AthollPlace · 19/10/2019 21:25

On what basis Athol?
In a bike collision the driver is generally held responsible because the cyclist is more likely to be injured. The person driving the more dangerous vehicle is supposed to take more care. In addition, a child is not expected to exercise the normal standard of care that would be expected of a cyclist and therefore is not considered to be responsible. If an adult driver and a child cyclist collide, the adult is ALWAYS legally responsible.

Parkwood · 19/10/2019 21:26

As this was a “personal injury” accident by law the police have to complete a report. I would contact the police and obtain the report as this should let you know how strong her case is. To be honest it sounds like rubbish to me that a court is unlikely to entertain, if she took it that far.

Celestine70 · 19/10/2019 21:29

It doesn't matter how fast he came out she should be aware and not driving to fast in a built up area. Maybe ask the police where you stand. Or get legal asvice, I really don't think you need to pay.

BubblegumFactory · 19/10/2019 21:33

Just another point, please get a reputable bike shop line Evans to check out your son’s bike. They do charge for this but if his bike was in collision with a car, the frame or forks could be cracked and the bike be unsafe to ride.
DH was recently knocked off his bike by a car, slow speed but bike written off.

Isitnearlyweekend · 19/10/2019 21:38

On what basis Athol?
In a bike collision the driver is generally held responsible because the cyclist is more likely to be injured. The person driving the more dangerous vehicle is supposed to take more care. In addition, a child is not expected to exercise the normal standard of care that would be expected of a cyclist and therefore is not considered to be responsible. If an adult driver and a child cyclist collide, the adult is ALWAYS legally responsible.

@AthollPlace I’m not sure whether your talking about civil responsibility?
What you’ve said is completely wrong from a Police and road traffic perspective. Just because someone is driving a car it doesn’t mean they are automatically responsible.

BMW6 · 19/10/2019 21:41

In a bike collision the driver is generally held responsible because the cyclist is more likely to be injured. The person driving the more dangerous vehicle is supposed to take more care. In addition, a child is not expected to exercise the normal standard of care that would be expected of a cyclist and therefore is not considered to be responsible. If an adult driver and a child cyclist collide, the adult is ALWAYS legally responsible.Athol please give your source for that claim.

Athol please give your source for this statement.

BMW6 · 19/10/2019 21:46

It doesn't matter how fast he came out she should be aware and not driving to fast in a built up area. Maybe ask the police where you stand. Or get legal asvice, I really don't think you need to pay.

So how slow do you think a driver needs to be to be able to brake in time to avoid a driver or cyclist coming out of their drive (quite fast according to OP) without having paused to check their way was clear?
5MPH? 10? Walking speed?

AthollPlace · 19/10/2019 21:48

Athol please give your source for this statement
DH knocked a boy off his bike a few years ago and that’s what we were told. A child is not expected to be capable of exercising the same level of care that an adult would.

saraclara · 19/10/2019 21:53

I can only assume that a lot of the posters on this thread aren't drivers. The idea that even someone driving very slowly could stop in time if a kid hurtled out of a concealed entrance in front of him/her is just farcical.

The fact that this boy was only slightly injured means that the driver must have been travelling very slowly and had quick reflexes.

Elsie1966 · 19/10/2019 21:57

Op thank God your son is ok. I think driver is trying it on and if the dent on her car is all she worried about then not a nice person.
My advice would be to ignore her demands. She has insurance. She sounds dodgy for some reason, and no concern for your 12yr old ds.
Hope your son recovers well and for you op

bruffin · 19/10/2019 21:58

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
Yes they can

BMW6 · 19/10/2019 22:00

So was your DH prosecuted for careless driving Athol and made to pay damages for child's injuries?

FlossyChick · 19/10/2019 22:03

It’s not the bike/your son’s fault-call the police FUCK THAT- the car driver has to sort herself out-your child is a human being!!!!!

Ignoremeiaminvisible · 19/10/2019 22:08

FFS What is wrong with you people. No driver should be held responsible for a cyclist running into them side on no matter what their speed, so long as they were within the speed limit, and they were taking due care. Child or not!!!!!!!! This is why all cyclists should have insurance if they are on a public road. Appalling attitude on here!!!!
That does not mean I do not feel sorry for your son, or any other child in that situation but please teach all children and adults to abide by the highway code.

Wildorchidz · 19/10/2019 22:10

@FlossyChick
The police attended the scene of the accident

BMW6 · 19/10/2019 22:11

I agree OP should contact the Police to establish who was at fault. Then if it WAS the cyclist at fault OP should cover the drivers car repair bill.
If the driver was at fault then driver should be sued for injuries to cyclist.

But step 1 must be to call the police so they can take statements from parties concerned and assess where the fault lies.

Oakmaiden · 19/10/2019 22:11

I really can't understand why posters are banging on about the boy riding his bike into the side of the car, when the op clearly said that the car hit him front on, not the other way around. Whether the driver of the car had any way to avoid hitting him we have no way of knowing, what with the fact that none of us were there. And yet people are so certain their interpretation of events is the correct one...

BMW6 · 19/10/2019 22:13

Sorry, missed police had already attended. Obviously didn't think driver was at fault then. So.............

Wildorchidz · 19/10/2019 22:15

not driving to fast in a built up area.

It wasn’t a built up area. It was a country lane. He cycled straight out of his gate into the car.

ruralcat · 19/10/2019 22:18

I can't believe what I'v read. If a child ended up on the bonnet of my car the last thing I'd be doing would be asking the child's family for money for repairs. I think you need to go back to the police and explain how the situation has developed and ask for their advice.

Fink · 19/10/2019 22:31

This happened to me. A boy of about 13 was riding his bike on the pavement as I was approaching. He suddenly turned 90 degrees and rode it right out into the road directly in front of me without looking.

Luckily I was only doing 20mph and was already braking from that to go through a width restriction, so was doing about 5mph at the time of the collision.

None of us (him, me, my passenger) were hurt.

I certainly did not send his parents a bill for the damage, even though my bumper came off later that day while out in the country and I had to get the AA to come out then pay £££ for a new front bumper and panel.

I was bloody grateful his parents didn't want to take it any further and sue me. Yes, it was 100% his fault, and he admitted it, but I did not want the hassle of having to try to prove that in court. I paid for the car repairs and said no more about it.

Singlenotsingle · 19/10/2019 22:35

bruffin no they can't

ton181 · 19/10/2019 22:37

If he came speeding out of a gate into the road, then he caused the accident, sounds like she didn't have time to react. Your home insurance could / may have some legal liability cover, check your policy.

Why should it always be the motorists fault, if someone suddenly appears in front of them totally out of the blue?

bruffin · 19/10/2019 22:44

Single
Yes they can, if parent is seen to be negligent they can be sued . They could be negligent for allowing boy out on bike when he is not mature enough to ride in the road etc

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