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

[Oliphantitus]

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...

@Aragog
The OP gave enough specific facts. Even doing 10mph on such single Country lane used as a footpath, is dicey. The driver is "at fault" in this case.

Seriously, does everyone here drive at 10mph on a country lane with driveways?

Come on now, think of your commute to work/to a town/anywhere else you regularly drive. There will be house driveways on most of the roads. What speed do you do? Would you be able to stop if a kid rode out 15 feet in front of you AT ALL TIMES?

Lose the emotion people. Put yourself in the driver's seat for a moment.
Also the driver is doing everything through insurance. So she's not a chancer. She simply expects that the insurance company will contact OP about the bill. I think she's mistaken that the company will ask the OP for a contribution, but she probably thinks she's just doing what two mototrists would do in an accident - swapping details with the assumption that the person who caused the accident will have some liability. Again, she's mistaken, but I don't think she's actively being grabby.

@Wildorchidz
A single country lane with no pavement that also doubles as a footpath for pedestrians, etc.

Saraclara
Common sense at last

Even if your son was at fault, you couldn't be liable for any claim made against him.

Just breathe.

Your son is ok and she is taking the mick.

Contact a local solicitor and just ask over the phone: do I need a solicitor for this situation or do I use my insurance, if so, which insurance?

Most will tell you free of charge what you need and why.

@Ryanandryan

Do you drive?
If so do you drive at a snail’s pace along country roads with no footpaths? Which is what a lot of people on this thread seem to expect the driver in this instance to have been doing?
The fact that the police attended the scene and appear to have taken no action against the driver would indicate that she was not driving carelessly or without due care and attention.
I absolutely disagree with her decision to attempt to seek payment for the damage caused to her car.

I suspect @Billballbaggins is confusing the position in English law with the law elsewhere: most countries have a system of presumed liability, i.e. there is an presumption in an accident involving a car and cyclists and pedestrians that the car driver is at fault. However, it doesn't apply in the UK.

my son was in shock and said he cycled out and suddenly was on her bonnet.

This combined with the injuries to your child and the fact that the bump was at the front does suggest that the driver was going too fast. Whatever the circumstances, however, she can't claim against you because you had nothing to do with the accident and are not liable for your child's actions.

@wildorchidz

Rule 211 of the highway code about cyclist pulling out from junctions, etc...ALWAYS ANTICIPATE...meaning always anticipate that someone/something might pull out AT ANY DRIVEWAY AT ANYTIME...

You are driving down a single windy lane road with multiple driveways, used also by foot pedestrians. A ball could be sent hurtling down the road at any time, a pet could suddenly dash onto the road, a car could suddenly pull out of their driveway, a child cycle out.....

@saraclara You are the one being emotional here and allowing your sentiment get over you. I would drive at 5mph on such road if need be. Perhaps you would understand if you have been the victim of a RTA or been almost responsible for knocking someone over, I have.

There is no sentiment whatever in my post. I'm being entirely logical. People do not drive at 5 miles an hour wherever there are driveways on to a road, nor are they expected to.

@saraclara

Keep pressing down the throttle then at exactly 30/40/60mph, regardless of any impending obstacle on the way. Feel free to even drive 40mph from the road straight onto your driveway without slowing down. It's a free world. Some people are into blood and gore...Each to their own.

I would drive at 5mph on such road if need be.

Give over.
You would be prosecuted for dangerous driving if you did that.

Depends on a lot of different things. Could the driver clearly see your son coming off the drive, was he too close fir driver to stop in time (even if driving slowly)?.Did your son say anything to anyone at the accident, how old is your son? Very difficult situation but with son entering road from driveway would say he is at fault. Does your home insurance not have personal liability? Worth checking out. Glad son is okay though.

She’s batcrap crazy if she thinks you/ your son should pay. We don’t know who was at fault but a single track bendy road she should have been taking more care.

In Holland and Belgium certainly the cyclist is never at fault in law because of the likelihood that an accident is so detrimental to them...

I say ignore but I’d likely want to tear through her CF

Billballbaggins. It's not always the driver's fault. 10 year old killed on road near me. An unofficial crossing existed, people had basically trod a path in wooded area to the main road. The boy ran out of wooded area to cross road. No way was the driver able to anticipate. Wasn't charged. Drivers cannot anticipate every possible eventuality or else we would all be driving at 5 mph just in case.

This combined with the injuries to your child and the fact that the bump was at the front does suggest that the driver was going too fast.

No, it doesn’t. A cyclist could ride into a stationary car and find themselves injured and on the bonnet because of their own velocity. Impact with solid metal and it’s likely to hurt, whether it’s moving or not.

@wildorchidz
Now you are reaching. This is not a motorway or dual carriage road!

This is a residential area. Using common sense to drive at a reduced speed due to a prevailing road condition, is an expected norm. For example, in some residential areas and School roads, they have a "MAXIMUM" speed limit of 20mph, which means you have to slow down to even 1mph or sometimes perform an emergency stop, due to vehicles emerging from junction, driveways, pedestrians, children, cyclists, etc.

once again, it’s not a built up residential area. It’s not near a school. The op makes no mention of a maximum speed limit of 20mph
It’s a bog standard single lane country road, commonplace all over the country, with no footpaths.
Are those roads clogged with drivers tootling along at 20mph??

Are those roads clogged with drivers tootling along at 20mph??

Or 5mph if it’s Ryan.

Like fuck I'd pay her anything. I'd be telling her to make a claim in court if she's that bothered. Country roads are horrific and I personally would avoid driving down them at all costs cos they frighten me. 🥴🥴

Unless he threw himself at the driver on purpose then no... I wouldn't be paying a thing.

Just putting it out there, did your son’s bike or helmet become damaged? If so would you consider counter billing the driver for these?

@Wildorchidz The Police have not attended

Yes, the police came with the ambulance and said there was no need for them to be there.

This is what the Op said.

And it can probably be concluded from what they said about not needing to be there that no fault could be attached to the driver.